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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2006
35 A.D.3d 304 (N.Y. App. Div. 2006)

Opinion

No. 10021.

December 28, 2006.

Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered April 2, 2003, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, and sentencing her to a conditional discharge for a period of three years and restitution in the amount of $8,360, unanimously affirmed.

John J. Janiec, New York, for appellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), for respondent.

Before: Buckley, P.J., Andrias, Saxe, Gonzalez and McGuire, JJ.


Since defendant did not move to withdraw her plea prior to sentencing, and since this case does not come within the narrow exception to the preservation requirement ( see People v Lopez, 71 NY2d 662), her challenge to the validity of her plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant's plea was knowing, intelligent and voluntary and that there was nothing in the plea allocution that cast significant doubt on her guilt ( see People v Toxey, 86 NY2d 725). Defendant's larcenous intent could be readily inferred from her factual recitations ( see People v McGowen, 42 NY2d 905). We note that since defendant was denied leave to appeal to this Court from the denial of her CPL 440.10 motion to vacate judgment, that order is not before this Court (CPL 450.15; 460.15).


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2006
35 A.D.3d 304 (N.Y. App. Div. 2006)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISABEL RIVERA…

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

Date published: Dec 28, 2006

Citations

35 A.D.3d 304 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 10121
828 N.Y.S.2d 307

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