People v. Adams
| Decision Date | 03 April 1979 |
| Citation | 46 N.Y.2d 1047,389 N.E.2d 1088,416 N.Y.S.2d 588 |
| Parties | , 389 N.E.2d 1108 The PEOPLE of the State of New York, Respondent, v. Irving ADAMS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 59 A.D.2d 895, 399 N.Y.S.2d 608, should be affirmed.
Despite the defendant's manifested awareness of the Trial Judge's involvement in the plea negotiations and of the statutorily prescribed three-year minimum term for a class A-III felony, neither at the time he decided to plead guilty, nor at his sentencing four months later, did the defendant take any exception. Nor did he subsequently move to vacate the plea and the sentence imposed thereon. Consequently, any errors in connection therewith, if errors they were, not having been preserved, are now beyond our power of review (CPL 470.05, subd. 2; People v. McGowen, 42 N.Y.2d 905, 907, 397 N.Y.S.2d 1003, 366 N.E.2d 1347 (); People v. Adams, 38 N.Y.2d 605, 607, 381 N.Y.S.2d 847, 345 N.E.2d 318 ()).
Order affirmed in a memorandum.
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People v. Williams
...1175 [1979] ; People v. Delancy, 48 N.Y.2d 972, 973–974, 425 N.Y.S.2d 281, 401 N.E.2d 392 [1979] ; People v. Adams, 46 N.Y.2d 1047, 1047–1048, 416 N.Y.S.2d 588, 389 N.E.2d 1108 [1979] ). Thus, we have held that, generally, “in order to preserve a challenge to the factual sufficiency of a pl......
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People v. Williams
...1175 [1979] ; People v. Delancy, 48 N.Y.2d 972, 973–974, 425 N.Y.S.2d 281, 401 N.E.2d 392 [1979] ; People v. Adams, 46 N.Y.2d 1047, 1047–1048, 416 N.Y.S.2d 588, 389 N.E.2d 1108 [1979] ). Thus, we have held that, generally, “in order to preserve a challenge to the factual sufficiency of a pl......
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Lotze v. Hoke
...after a direct appeal was taken. Petitioner in Cooks did not object to the allocution pursuant to People v. Adams, 46 N.Y.2d 1047, 416 N.Y.S.2d 588, 389 N.E.2d 1108 (1979). Since the allocution record was clear, the court stated that a § 440.10 motion was unavailable after his direct appeal......
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People v. Raphael
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