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People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 836 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

Appeal from the Supreme Court, Kings County (Pincus, J.).


Judgment affirmed.

As defendant correctly concedes, he has failed to preserve for appellate review his challenge to the plea allocution ( see, People v. Claudio, 64 N.Y.2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea prior to imposition of sentence, pursuant to CPL 220.60 (3).

In the absence of unusual circumstances not here present, we see no reason to exercise our power to review in the interest of justice an unpreserved claim with respect to the plea allocution. Nor does there exist any reason to set aside the sentence imposed, which was agreed to in the course of plea negotiations ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Mangano, O'Connor and Brown, JJ., concur.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 836 (N.Y. App. Div. 1985)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DON TAYLOR, Appellant

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 836 (N.Y. App. Div. 1985)

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