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People v. Petty

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1106 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Cayuga County Court, Corning, J.

Present — Denman, P.J., Pine, Wesley, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Having failed to move to withdraw his plea (see, CPL 220.60) or to vacate the judgment of conviction (see, CPL 440.10), defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 666; People v Tranka, 191 A.D.2d 903, lv denied 81 N.Y.2d 1021). Further, the record of the plea allocution shows that defendant's factual recitation did not "negate an essential element of the crime pleaded to", or otherwise "clearly cast significant doubt upon the defendant's guilt" (People v Lopez, supra, at 666; cf., People v Beasley, 25 N.Y.2d 483; People v Serrano, 15 N.Y.2d 304).

In light of defendant's extensive prior criminal history, we conclude that the sentence is neither unduly harsh nor severe.


Summaries of

People v. Petty

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1106 (N.Y. App. Div. 1995)
Case details for

People v. Petty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOGAN PETTY, Appellant

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

Date published: Dec 22, 1995

Citations

222 A.D.2d 1106 (N.Y. App. Div. 1995)
636 N.Y.S.2d 688