From Casetext: Smarter Legal Research

People v. Migneco

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1993
196 A.D.2d 849 (N.Y. App. Div. 1993)

Opinion

September 20, 1993

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


Ordered that the amended judgment is affirmed.

The defendant failed to preserve for appellate review her claim regarding the sufficiency of the plea allocution since she did not move to withdraw the plea (see, People v Pellegrino, 60 N.Y.2d 636; People v Hunter, 194 A.D.2d 628).

In any event, under the circumstances of this case, the court properly adjudicated the defendant in violation of probation based upon her admission (see, People v Hunter, supra; People v Smith, 146 A.D.2d 656; People v Lombardo, 108 A.D.2d 873). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Migneco

Appellate Division of the Supreme Court of New York, Second Department
Sep 20, 1993
196 A.D.2d 849 (N.Y. App. Div. 1993)
Case details for

People v. Migneco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELEANOR MIGNECO…

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

Date published: Sep 20, 1993

Citations

196 A.D.2d 849 (N.Y. App. Div. 1993)
603 N.Y.S.2d 753

Citing Cases

People v. King

In any event, the record establishes that the defendant knowingly, voluntarily, and intelligently admitted…