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People v. James

Appellate Division of the Supreme Court of New York, First Department
May 15, 1997
239 A.D.2d 243 (N.Y. App. Div. 1997)

Opinion

May 15, 1997

Appeal from the Supreme Court, Bronx County (George Daniels, J.).


Having failed to move to withdraw his plea on the specific grounds now asserted on appeal, defendant's current claim that he was inadequately warned that a violation of the plea conditions would result in an enhanced sentence is unpreserved for appellate review ( People v. Mackey, 77 N.Y.2d 846), and we decline to review it in the interest of justice. Were we to review it, we would find it without merit ( People v. Cruz, 237 A.D.2d 218), and that defendant's use of false pedigree information to obtain a favorable plea bargain independently justified an enhanced sentence with no option to withdraw the plea ( supra).

Concur — Milonas, J.P., Nardelli, Williams and Andrias, JJ.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, First Department
May 15, 1997
239 A.D.2d 243 (N.Y. App. Div. 1997)
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL JAMES, Also Known…

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

Date published: May 15, 1997

Citations

239 A.D.2d 243 (N.Y. App. Div. 1997)
657 N.Y.S.2d 413

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