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People v. Shelton

110 A.D.2d 789 Court N.Y. App. Div. Decision date 1985-04-15 English

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p. 789
The People of the State of New York, Respondent, v Barry Shelton, Appellant.
p. 790
Defendant’s claims regarding the sufficiency of the plea allocution are unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636 ; People v Mattocks, 100 AD2d 944 ). Moreover, reversal is not warranted in the interest of justice because the record of the allocution establishes that defendant knowingly and voluntarily pleaded guilty (see, People v Harris, 61 NY2d 9 ; People v Nixon, 21 NY2d 338 , cert denied sub nom. Robinson v New York, 393 US 1067 ).

Finally, we perceive no basis for concluding that the sentence imposed, which was the product of a negotiated plea, warrants modification in the interest of justice (People v Kazepis, 101 AD2d 816 ; People v Suitte, 90 AD2d 80 ). Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.

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