From Casetext: Smarter Legal Research

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 708 (N.Y. App. Div. 1989)

Opinion

January 23, 1989

Appeal from the County Court, Suffolk County (Seidell, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's acceptance of his guilty plea is not preserved for appellate review (see, People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In any event, there is no merit to the defendant's claim that his guilty plea should be vacated because he did not admit to each element of the charged crimes (see, North Carolina v Alford, 400 U.S. 25, 27; People v Serrano, 15 N.Y.2d 304, 308-310).

We further find that the imposition of the 5-to-15-year sentence on the rape conviction was not excessive, and appellate modification is unwarranted (see, People v Kazepis, 101 A.D.2d 816).

Finally, the defendant's claim that he was deprived of the effective assistance of counsel is without merit. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 708 (N.Y. App. Div. 1989)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUPERT CRUZ, Appellant

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

Date published: Jan 23, 1989

Citations

146 A.D.2d 708 (N.Y. App. Div. 1989)

Citing Cases

People v. Thompson

Thus, the defendant was properly convicted of vehicular manslaughter in the first degree (see, People v…

People v. Corbin

Ordered that the judgment is affirmed. Since the defendant did not move to withdraw his plea at any time…