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People v. Casolino

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1984
106 A.D.2d 394 (N.Y. App. Div. 1984)

Opinion

December 3, 1984

Appeal from the Supreme Court, Kings County (Eiber, J.).


Judgment affirmed.

By failing to either move to withdraw his plea of guilty prior to or at the time of sentencing or to move to vacate the judgment pursuant to CPL 440.10, defendant failed to preserve any error of law involving the adequacy of the plea allocution for appellate review (see People v. Pellegrino, 60 N.Y.2d 636; People v Jackson, 101 A.D.2d 893). The interest of justice does not warrant reversal, since the allocution conducted by the court establishes that defendant knowingly and voluntarily pleaded guilty (see People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert den sub nom. Robinson v. New York, 393 U.S. 1067).

We have considered defendant's other contentions and find them to be without merit. Thompson, J.P., O'Connor, Boyers and Lawrence, JJ., concur.


Summaries of

People v. Casolino

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1984
106 A.D.2d 394 (N.Y. App. Div. 1984)
Case details for

People v. Casolino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CASOLINO…

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

Date published: Dec 3, 1984

Citations

106 A.D.2d 394 (N.Y. App. Div. 1984)

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