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People v. Skiba

Appellate Division of the Supreme Court of New York, Third Department
Feb 11, 1993
190 A.D.2d 907 (N.Y. App. Div. 1993)

Opinion

February 11, 1993

Appeal from the County Court of Tioga County (Siedlecki, J.).


Defendant's failure to move to withdraw his guilty plea or to make a postverdict motion to vacate the judgment of conviction precludes appellate review of the sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 665; People v Calero-Atehortua, 172 A.D.2d 323, lv denied 78 N.Y.2d 920; People v Pompeit, 167 A.D.2d 220, lv denied 77 N.Y.2d 881). In any event, we find defendant's argument that his plea was coerced to be meritless. A reading of the transcript of the plea allocution reveals that defendant understood the significance and effect of the plea bargain and that the plea was knowingly, intelligently and voluntarily made (see, People v Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644). Finally, given that defendant pleaded guilty knowing that he would receive the sentence imposed by County Court, his prior criminal record and the fact that the sentence is not the harshest possible, we find no reason to disturb the sentence imposed by County Court (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Mikoll, J.P., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Skiba

Appellate Division of the Supreme Court of New York, Third Department
Feb 11, 1993
190 A.D.2d 907 (N.Y. App. Div. 1993)
Case details for

People v. Skiba

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER M. SKIBA…

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

Date published: Feb 11, 1993

Citations

190 A.D.2d 907 (N.Y. App. Div. 1993)
593 N.Y.S.2d 611