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People v. Ogbebor

Supreme Court, Appellate Term, First Department,
Sep 19, 1997
174 Misc. 2d 952 (N.Y. App. Term 1997)

Opinion


174 Misc.2d 952 668 N.Y.S.2d 867 The PEOPLE of the State of New York, Respondent, v. Graham OGBEBOR, Appellant. 1998-98,047 Supreme Court of New York, First Department Supreme Court, Appellate Term, First Department, September 19, 1997.

[668 N.Y.S.2d 868]Daniel L. Greenberg, New York City (Katheryne M. Martone, of counsel) for appellant.

Robert T. Johnson, District Attorney of Bronx County (Karen Swiger and Karin R. Vandevenne, of counsel), for respondent.

Before McCOOE, J.P., and FREEDMAN and DAVIS, JJ.

PER CURIAM.

Judgment of conviction rendered July 17, 1995 (Megan Tallmer, J.) affirmed.

Criminal Court did not abuse its discretion in rejecting the defendant's proposed plea arrangement based upon an unauthorized sentence (see, People v. Bartley, 60 A.D.2d 283, 401 N.Y.S.2d 71, aff'd 47 N.Y.2d 965, 419 N.Y.S.2d 956, 393 N.E.2d 1029) or in refusing to entertain any further plea offers when, following the close of the People's case, no fewer than three attempts to allocute defendant on a permissible plea agreement had proven unsuccessful (see generally, People v. Selikoff, 35 N.Y.2d 227, 235, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822; People v. Nixon, 21 N.Y.2d 338, 351, 287 N.Y.S.2d 659, 234 N.E.2d 687; compare, People v. Compton, 157 A.D.2d 903, 550 N.Y.S.2d 148, lv. denied 75 N.Y.2d 918, 555 N.Y.S.2d 36, 554 N.E.2d 73).

Defendant's challenge to the sufficiency of the trial evidence is unpreserved for review (People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919) and, in any event, without merit. Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence.


Summaries of

People v. Ogbebor

Supreme Court, Appellate Term, First Department,
Sep 19, 1997
174 Misc. 2d 952 (N.Y. App. Term 1997)
Case details for

People v. Ogbebor

Case Details

Full title:People v. Ogbebor

Court:Supreme Court, Appellate Term, First Department,

Date published: Sep 19, 1997

Citations

174 Misc. 2d 952 (N.Y. App. Term 1997)
668 N.Y.S.2d 867

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