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People v. Chalarca

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1993
189 A.D.2d 680 (N.Y. App. Div. 1993)

Opinion

January 19, 1993

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


Defendant did not move prior to the imposition of sentence to withdraw his plea, and therefore has not preserved for appellate review as a matter of law his challenge to the sufficiency of the plea allocution (People v. Pellegrino, 60 N.Y.2d 636). Nor is reversal warranted in the interest of justice. The record amply demonstrates the sufficiency of the plea allocution, and defendant's knowing, intelligent and voluntary entry of his guilty plea (People v. Harris, 61 N.Y.2d 9, 16-17).

Defendant pleaded guilty with the understanding he would receive the sentence which was actually imposed. Under the circumstances of this case, defendant has no basis to complain that his sentence was excessive (People v. Guerrero, 155 A.D.2d 262, lv denied 75 N.Y.2d 868).

Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.


Summaries of

People v. Chalarca

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1993
189 A.D.2d 680 (N.Y. App. Div. 1993)
Case details for

People v. Chalarca

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVARO CHALARCA…

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

Date published: Jan 19, 1993

Citations

189 A.D.2d 680 (N.Y. App. Div. 1993)