Majority
p. 1040The People of the State of New York, Respondent, v Peter E. King, Appellant. (Appeal No. 2.) [700 NYS2d 896]
—Judgment unanimously affirmed. Memorandum: The contention of defendant that the plea allocution is insufficient is not preserved for our review (see, People v Lopez, 71 NY2d 662 , 665) and, in any event, is lacking in merit (see, People v Toxey, 86 NY2d 725 , 726, rearg denied 86 NY2d 839 ). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Marks, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.
Cases cited
- People v. Lopez 71 NY2d 662 at 665 p. 1040
- People v. Toxey 86 NY2d 725 at 726 p. 1040