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People v. Lawrence

100 A.D.2d 944 Court N.Y. App. Div. Decision date 1984-04-23 English

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p. 944
The People of the State of New York, Respondent, v Marcellus Lawrence, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 28,1981, convicting him of robbery in the second degree and criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. 11 Judgment affirmed. 11 By failing to make a motion to withdraw the plea, defendant has failed to preserve the issue of the sufficiency of the allocution for appellate review (see, e.g.,People vPellegrino, 60 NY2d 636 ; People vAsep, 97 AD2d 798 ; People v Collins, 97 AD2d 859 ). Review in the interest of justice is not warranted (cf. People v Diaz, 97 AD2d 851 ) as the allocution met the minimum requirements of People v Harris ( 61 NY2d 9 ; see, also, People v Fishon, 97 AD2d 773 ). Defendant’s pro se claims concerning the adequacy of counsel involve matters dehors the record and, thus, are more properly the focus of collateral proceedings (see People v Drummond, 99 AD2d 760 ). Mollen, P. J., Titone, Lazer and Mangano, JJ., concur.

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