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People v. Yarrish

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 836 (N.Y. App. Div. 1985)

Opinion

January 28, 1985

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


Judgment affirmed.

Defendant's sole claim of error involved the sufficiency of the allocution conducted upon his guilty plea and was not preserved for our review by motion to withdraw his plea prior to the imposition of his sentence ( People v. Pellegrino, 60 N.Y.2d 636; People v. Harris, 100 A.D.2d 853, mod on other grounds 106 A.D.2d 461). Furthermore, the failure of the trial court to obtain a factual recitation from the defendant where neither the record nor the defendant's own contentions indicate any basis to question the defendant's guilt or the propriety of his plea does not warrant reversal ( People v. Nixon, 21 N.Y.2d 338, 350, cert den sub nom. Robinson v. New York, 393 U.S. 1067).

Nor does the record indicate that the court abused its discretion in imposing an indeterminate sentence of 2 1/3 to 7 years' imprisonment. Sentencing courts are accorded a wide latitude of discretion in the imposition of a sentence within the statutory parameters of the crime committed. Often the determination involves competing considerations which are not readily apparent from the record ( People v. Suitte, 90 A.D.2d 80). In this case we see no reason to substitute our discretion for that of the sentencing court. Lazer, J.P., Mangano, Gibbons and Niehoff, JJ., concur.


Summaries of

People v. Yarrish

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 1985
107 A.D.2d 836 (N.Y. App. Div. 1985)
Case details for

People v. Yarrish

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER M. YARRISH…

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

Date published: Jan 28, 1985

Citations

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

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