People v. Alford

• Decision Date: 15 November 1990
• Citation: People v. Alford, 562 N.Y.S.2d 430, 167 A.D.2d 232 (N.Y. App. Div. 1990)
• Parties: The PEOPLE of the State of New York, Respondent, v. Sammy ALFORD, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 430

562 N.Y.S.2d 430

167 A.D.2d 232

The PEOPLE of the State of New York, Respondent, v.Sammy ALFORD, Defendant-Appellant.

Supreme Court of New York, Appellate Division First Department.

November 15, 1990

Judgment, Supreme Court, Bronx County(Richard Lee Price, J.), rendered May 11, 1989, convicting defendant on his plea of guilty of criminal possession of a weapon in the third degree, and sentencing him as a second violent felony offender to an indeterminate term of 2 1/2 to 5 years imprisonment, unanimously affirmed.Defendant was arrested and charged with one count of criminal possession of a weapon in the second degree, and one count of criminal possession of a weapon in the third degree.At the plea allocution defendant admitted that he unlawfully possessed a loaded revolver on April 2, 1988, and was sentenced as noted above.Defendant now challenges the factual sufficiency of the plea allocution.However, as defendant failed to make such challenge by appropriate motion at the trial level, the issue is not preserved for appellate review.People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5(1988).In any event, the record amply demonstrates that there was no factual insufficiency in the plea allocution and that defendant,...