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People v. Singh

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2007
40 A.D.3d 1015 (N.Y. App. Div. 2007)

Opinion

No. 2005-11851.

May 22, 2007.

Appeal by the defendant from a judgment of the County Court, Nassau County (Weinberg, J.), rendered June 16, 2005, convicting him of attempted grand larceny in the third degree, grand larceny in the third degree, and assault in the third degree (two counts), upon his plea of guilty, and imposing sentence.

James G. Frankie, Mineola, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Ilisa T. Fleischer of counsel), for respondent.

Before: Schmidt, J.P., Krausman, Goldstein and Covello, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's challenge to the validity of his plea and claim of ineffective assistance of counsel are not properly before this Court to the extent that they are based on factual claims and legal arguments developed only in the defendant's CPL 440.10 motion, as the defendant failed to seek and obtain leave to appeal from the order denying that motion ( see People v Nichols, 35 AD3d 508, 509; People v Warren, 22 AD3d 773, 775).

The defendant's remaining contentions are without merit.


Summaries of

People v. Singh

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2007
40 A.D.3d 1015 (N.Y. App. Div. 2007)
Case details for

People v. Singh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RABINDRA SINGH…

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

Date published: May 22, 2007

Citations

40 A.D.3d 1015 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4515
834 N.Y.S.2d 668

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