From Casetext: Smarter Legal Research

People v. Conway

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1986
117 A.D.2d 932 (N.Y. App. Div. 1986)

Opinion

February 27, 1986

Appeal from the County Court of Albany County (Harris, J.).


Pursuant to a negotiated plea arrangement, defendant pleaded guilty to the crime of attempted robbery in the second degree. He was then sentenced as a second felony offender to an indeterminate prison term of 2 to 4 years. This was the bargained-for sentence.

On appeal, defendant contends that his plea should be vacated. However, having failed to move to vacate his plea before County Court, defendant has not preserved the issue for our review as a matter of law (see, People v. Pascale, 48 N.Y.2d 997, 998; People v. Bell, 47 N.Y.2d 839, 840; People v. Vicks, 91 A.D.2d 1052), and reversal is not warranted in the interest of justice on this record.

We have examined the other issues raised in this appeal and find them to be without merit. The judgment must, therefore, be affirmed.

Judgment affirmed. Mahoney, P.J., Kane, Main, Yesawich, Jr., and Levine, JJ., concur.


Summaries of

People v. Conway

Appellate Division of the Supreme Court of New York, Third Department
Feb 27, 1986
117 A.D.2d 932 (N.Y. App. Div. 1986)
Case details for

People v. Conway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CONWAY…

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

Date published: Feb 27, 1986

Citations

117 A.D.2d 932 (N.Y. App. Div. 1986)

Citing Cases

People v. Quick

Accordingly, we defer to the decision of the suppression court which was in a better position to assess the…