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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1985
114 A.D.2d 475 (N.Y. App. Div. 1985)

Opinion

October 21, 1985

Appeal from the Supreme Court, Kings County, Marano, J., Tomei, J., Coffinas, J.


Judgments affirmed.

Having failed either to move to withdraw his pleas of guilty prior to imposition of sentences or to vacate the judgments pursuant to CPL 440.10, defendant has failed to preserve the sufficiency of the plea allocutions for appellate review (see, CPL 470.05; People v Pellegrino, 60 N.Y.2d 636; People v Carrisquello, 106 A.D.2d 513). Moreover, were we to review these issues in the interest of justice, vacatur of the pleas would not be required because the allocutions were sufficient (People v Harris, 61 N.Y.2d 9; People v Carrisquello, supra) and because the defendant freely and completely admitted his guilt to the crimes charged (see, People v McGowen, 42 N.Y.2d 905).

A review of the record further shows that defendant received the effective assistance of counsel within the meaning of the Federal and State Constitutions (Strickland v Washington, 466 U.S. 668; People v Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803). Finally, the sentences imposed were not excessive (see, People v La Lande, 104 A.D.2d 1052; People v Nelson, 104 A.D.2d 1055; People v Kazepis, 101 A.D.2d 816). Mollen, P.J., Thompson, Bracken and O'Connor, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1985
114 A.D.2d 475 (N.Y. App. Div. 1985)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT RODRIGUEZ…

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

Date published: Oct 21, 1985

Citations

114 A.D.2d 475 (N.Y. App. Div. 1985)

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