People v. Pellegrino

Decision Date07 September 1983
Citation60 N.Y.2d 636,454 N.E.2d 938,467 N.Y.S.2d 355
Parties, 454 N.E.2d 938 The PEOPLE of the State of New York, Respondent, v. Louis PELLEGRINO, Appellant.
CourtNew York Court of Appeals Court of Appeals

On review of submissions pursuant to Rule 500.2(b) (22 NYCRR 500.2[g] ), order affirmed. Not having raised the issues by motion to vacate or otherwise in the court of first instance, 91 A.D.2d 942, 458 N.Y.S.2d 556, defendant's arguments that he should be relieved of his guilty plea and that there was a failure to comply with CPL 400.21 have not been preserved for our review (People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904; People v. Bell, 47 N.Y.2d 839, 418 N.Y.S.2d 584, 392 N.E.2d 570; People v. Warren, 47 N.Y.2d 740, 417 N.Y.S.2d 251, 390 N.E.2d 1175).

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER and SIMONS, JJ., concur.

To continue reading

Request your trial
825 cases
  • Fuller v. Schultz
    • United States
    • U.S. District Court — Southern District of New York
    • 27 Agosto 2008
    ...525 N.E.2d 5 (1988); People v. Claudio, 64 N.Y.2d 858, 858-59, 487 N.Y.S.2d 318, 476 N.E.2d 644 (1985); People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938 (1983); People v. Bell, 47 N.Y.2d 839, 840, 418 N.Y.S.2d 584, 392 N.E.2d 570 (1979); People v. Warren, 47 N.Y.2d......
  • People v. Morman
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Diciembre 2016
    ...1421, 1423, 975 N.Y.S.2d 312, lv. denied 23 N.Y.3d 1039, 993 N.Y.S.2d 253, 17 N.E.3d 508 ; see generally People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938 ). In any event, we conclude that the record demonstrates that any error is harmless, and remitting the matter ......
  • Gabbidon v. Lee
    • United States
    • U.S. District Court — Southern District of New York
    • 10 Marzo 2022
    ... ... that Petitioner's previous counsel, Mungavin, ... “pressured and badgered” him to accept the ... People's offer to plead guilty. (Docket No. 11-5; see ... also Docket No. 11-7). Shiller further argued that ... Petitioner was not guilty, ... constituted independent and adequate state law ground to deny ... petitioner relief); People v. Pellegrino , 60 N.Y.2d ... 636, 637 (1983) (“Not having raised the issues by ... motion to vacate or otherwise in the court of first instance ... ...
  • E<SUP>*</SUP>Trade Financial Corp. v. Deutsche Bank Ag
    • United States
    • U.S. District Court — Southern District of New York
    • 6 Marzo 2006
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT