Public-domain · open source
OpenJurist

111 A.D.2d 834

People v. Martinez

Appellate Division of the Supreme Court of the State of New York · decided 1985-06-10

Cited by 1 later decisions — most recently February 1987

Good law ✅— No negative treatment on recordhow we know

Decided 1985-06-10

View the full empirical analysis of this case →

¶1— Appeal by defendant from a judgment of the Supreme Court, Kings County (Lodato, J.), rendered October 4,1983, convicting him of robbery in the first degree, upon his plea of guilty, and sentencing him to a term of imprisonment of 2 to 6 years.

¶2Judgment affirmed.

¶3By failing to move to withdraw his plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, defendant has not preserved for appellate review any alleged insufficiency in the plea allocution (see, People v Pellegrino, 60 NY2d 636; People v Lowry, 64 AD2d 1136; People v Mattocks, 100 AD2d 944). In any event, an examination of the record reveals that the plea was knowingly and voluntarily entered and properly received by the court (see, People v Harris, 61 NY2d 9; People v Sargent, 100 AD2d 978). Nor was a sentence, of 2 to 6 years’ imprisonment excessive as it was the minimum allowable by statute (Penal Law § 70.02 [2] [a]; [3], [4]). Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

/111/ad2d/834 · .json · Public domain