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People v. Razor

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1993
197 A.D.2d 495 (N.Y. App. Div. 1993)

Opinion

October 28, 1993

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


Defendant's claim that his plea allocution failed to establish a voluntary and intelligent waiver of his constitutional rights and the elements to which he was pleading beyond a reasonable doubt is unpreserved for appellate review as a matter of law since defendant never moved to withdraw the plea (People v Brown, 188 A.D.2d 414, lv denied 81 N.Y.2d 837), and we decline to review in the interest of justice. If we were to review, we would find that the minutes of the plea demonstrate that defendant admitted to forcibly taking money from a supermarket while one of his cohorts displayed a shotgun, and that the court informed defendant of the constitutional rights he was waiving by pleading guilty and of the sentence that had been negotiated (see, People v. Montford, 134 A.D.2d 207, lv denied 70 N.Y.2d 1009).

We have reviewed defendant's argument that the sentence is excessive and find it to be without merit.

Concur — Carro, J.P., Rosenberger, Ellerin and Kassal, JJ.


Summaries of

People v. Razor

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1993
197 A.D.2d 495 (N.Y. App. Div. 1993)
Case details for

People v. Razor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRITTON RAZOR…

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

Date published: Oct 28, 1993

Citations

197 A.D.2d 495 (N.Y. App. Div. 1993)
604 N.Y.S.2d 716