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People v. Wilkens

142 A.D.2d 656, 530 N.Y.S.2d 1003, 1988 N.Y. App. Div. LEXIS 7405
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 11, 1988
StatusPublished

This text of 142 A.D.2d 656 (People v. Wilkens) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Wilkens, 142 A.D.2d 656, 530 N.Y.S.2d 1003, 1988 N.Y. App. Div. LEXIS 7405 (N.Y. Ct. App. 1988).

Opinion

— Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered August 7, 1986, convicting him of robbery in the first degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By failing to move before the sentencing court to withdraw his plea or vacate his conviction, the defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636). Nor is reversal warranted in the interest of justice. The plea allocution satisfied the requirements of People v Harris (61 NY2d 9). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.

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Related

People v. Pellegrino
454 N.E.2d 938 (New York Court of Appeals, 1983)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Lopez
525 N.E.2d 5 (New York Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
142 A.D.2d 656, 530 N.Y.S.2d 1003, 1988 N.Y. App. Div. LEXIS 7405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkens-nyappdiv-1988.