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People v. Sessoms

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 2001
287 A.D.2d 748 (N.Y. App. Div. 2001)

Opinion

Submitted October 10, 2001.

October 29, 2001.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered March 22, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Neal D. Futerfas, White Plains, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed.

Since the defendant failed to move to withdraw his plea of guilty, his challenge to the factual sufficiency of his plea is unpreserved for appellate review (see, People v. Claudio, 64 N.Y.2d 858; People v. Pellegrino, 60 N.Y.2d 636). We reject any contention that preservation is not required, as there is nothing in the defendant's allocution which would cast significant doubt on his guilt or otherwise call into question the voluntariness of his plea. In addition, the defendant's factual recitation did not negate any essential element of the crimes to which he pleaded guilty (see, People v. Lopez, 71 N.Y.2d 662).

SANTUCCI, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.


Summaries of

People v. Sessoms

Appellate Division of the Supreme Court of New York, Second Department
Oct 29, 2001
287 A.D.2d 748 (N.Y. App. Div. 2001)
Case details for

People v. Sessoms

Case Details

Full title:THE PEOPLE, ETC., respondent, v. GARY SESSOMS, appellant

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

Date published: Oct 29, 2001

Citations

287 A.D.2d 748 (N.Y. App. Div. 2001)
732 N.Y.S.2d 236

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