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People v. Alford

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 901 (N.Y. App. Div. 2000)

Opinion

May 10, 2000.

Appeal from Judgment of Cayuga County Court, Corning, J. — Criminal Possession Weapon, 3rd Degree.

Judgment unanimously affirmed.

PRESENT: PIGOTT, JR., P. J., HAYES, SCUDDER, KEHOE AND BALIO, JJ.


Memorandum:

Defendant failed to object to his resentencing by County Court or to move to withdraw his guilty plea or vacate the judgment of conviction based upon the resentencing. Thus, defendant's contentions concerning the resentencing are not preserved for our review ( see, People v. Lewis, 216 A.D.2d 328, lv denied 86 N.Y.2d 782; see also, People v. Perry, 252 A.D.2d 990, lv denied 92 N.Y.2d 929). In any event, we note that the court had the inherent power to correct the illegal sentence it initially imposed ( see, People v. Williams, 87 N.Y.2d 1014, 1015, rearg denied 89 N.Y.2d 861).


Summaries of

People v. Alford

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 901 (N.Y. App. Div. 2000)
Case details for

People v. Alford

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CEDRIC ALFORD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 10, 2000

Citations

272 A.D.2d 901 (N.Y. App. Div. 2000)
707 N.Y.S.2d 919

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