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People v. Lofton

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 629 (N.Y. App. Div. 2004)

Opinion

2002-03471.

Decided April 19, 2004.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Farneti, J.), rendered March 28, 2002, convicting her of assault in the first degree, upon her plea of guilty, and imposing sentence.

Ethel P. Ross, Cross River, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Cameron Kenny of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

By knowingly, voluntarily, and intelligently waiving her right to appeal, the defendant waived review of her present contention that the County Court improvidently exercised its discretion in denying her youthful offender status ( see People v. Muhammad, 3 A.D.3d 585; People v. Hubbard, 288 A.D.2d 490).

The defendant's contention that her plea was not knowingly, voluntarily, and intelligently made because she was not informed that she would be subject to a mandatory period of post-release supervision is unpreserved for appellate review. The defendant did not move to withdraw her plea of guilty on this ground or vacate the judgment of conviction in the County Court ( see People v. Concepcion, 2 A.D.3d 873; People v. Chapman, 2 A.D.3d 647, lv denied 1 N.Y.3d 596; People v. Mapp, 308 A.D.2d 462, lv denied 1 N.Y.3d 575) and we decline to review it in the exercise of our interest of justice jurisdiction.

KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.


Summaries of

People v. Lofton

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 2004
6 A.D.3d 629 (N.Y. App. Div. 2004)
Case details for

People v. Lofton

Case Details

Full title:THE PEOPLE, ETC., respondent, v. SHATOYA LOFTON, appellant

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

Date published: Apr 19, 2004

Citations

6 A.D.3d 629 (N.Y. App. Div. 2004)
774 N.Y.S.2d 802

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