Legal Opinion

People v. Schwartz

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1985PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered January 3, 1984, convicting him of grand larceny in the third degree, upon his plea of guilty, and sentencing him, as a second felony offender, to an indeterminate prison term of 1 1/2 to 3 years.

Judgment affirmed.

Defendant’s challenge to the sufficiency of the plea allocution is not preserved for appellate review as a matter of law (see, CPL 470.05 [2]; People v Hoke, 62 NY2d 1022; People v Pellegrino, 60 NY2d 636). In any event, vacatur is not warranted in the interest of justice inasmuch as the…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. HarrisNew York Court of Appeals · 1983
  4. People v. PellegrinoNew York Court of Appeals · 1983
  5. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. DeMentAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1985

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