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People v. Marvin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2001
285 A.D.2d 987 (N.Y. App. Div. 2001)

Opinion

(927) KA 00-01613

July 3, 2001.

Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Attempted Course of Sexual Conduct Against Child, 2nd Degree.

Judgment unanimously affirmed.

Before: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER AND BURNS, JJ.


Memorandum:

Defendant failed to move to withdraw his plea of guilty or to vacate the judgment convicting him of attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, former 130.80 [a]) and thus failed to preserve for our review his contention that the plea allocution was factually insufficient ( see, People v. Crooks, 278 A.D.2d 931, lv denied 96 N.Y.2d 782 [decided Mar. 12, 2001]). The statements of defendant in this case do not cast significant doubt on the voluntariness of the plea, and therefore his challenge to the plea allocution does not qualify for the narrow, rare case exception to the preservation doctrine ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 666). The valid waiver by defendant of the right to appeal encompasses his contention concerning the severity of the sentence ( see, People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Crooks, supra, at 931-932). In any event, the sentence, to which defendant agreed as part of the plea bargain, is neither unduly harsh nor severe ( see, People v. Crooks, supra, at 932; People v. Welsher, 270 A.D.2d 839, lv denied 95 N.Y.2d 806).


Summaries of

People v. Marvin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2001
285 A.D.2d 987 (N.Y. App. Div. 2001)
Case details for

People v. Marvin

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ROBERT J…

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

Date published: Jul 3, 2001

Citations

285 A.D.2d 987 (N.Y. App. Div. 2001)
727 N.Y.S.2d 682