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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 405 (N.Y. App. Div. 1986)

Opinion

September 22, 1986

Appeal from the County Court, Nassau County (Boklan, J.).


Judgment affirmed.

The defendant pleaded guilty to the crime of criminal sale of a controlled substance in the second degree as a lesser included offense of one of the counts of criminal sale of a controlled substance in the first degree charged in the indictment against him. Specifically, the defendant admitted that on August 3, 1984, he had sold a kilogram of cocaine to an undercover police agent, and that on two prior occasions he had sold a few ounces of cocaine to the same person.

The sentence imposed, which was the product of a negotiated plea, does not require reduction in the interest of justice (see, People v Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d 80).

A review of the record reveals no basis for vacating the defendant's guilty plea on the grounds of involuntariness or ineffective assistance of counsel. The defendant's contentions with respect to these issues cannot be addressed on a direct appeal from the judgment because they involve matters dehors the record (see, People v Brown, 45 N.Y.2d 852; People v Johnson, 73 A.D.2d 652). Lazer, J.P., Thompson, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1986
123 A.D.2d 405 (N.Y. App. Div. 1986)
Case details for

People v. Rodriguez

Case Details

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

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

Date published: Sep 22, 1986

Citations

123 A.D.2d 405 (N.Y. App. Div. 1986)

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