People v. Brown
| Decision Date | 29 April 1985 |
| Parties | The PEOPLE etc., Respondent, v. Anthony BROWN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Solomon Rosengarten, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Brian D. Foley, of counsel; Raymond R. Granger, Northport, on brief), for respondent.
Before MOLLEN, P.J., and MANGANO, GIBBONS and BRACKEN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant (1) from a judgment of the Supreme Court, Kings County, rendered August 18, 1983, convicting him under Indictment No. 578 3/81 of robbery in the first degree, robbery in the second degree, grand larceny in the third degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the fourth degree, upon a plea of guilty, and imposing sentence, and (2) from a judgment of the same court, also rendered August 18, 1983, convicting him under Indictment No. 71 32/82 of criminal possession of a weapon in the second degree, upon a plea of guilty, and imposing sentence.
Judgments affirmed.
At the time of sentencing under Indictment No. 578 3/81, defendant requested an adjournment to allow him to see his mother. That request was denied and defendant then sought to withdraw his plea, making a conclusory assertion of innocence. In view of the complete allocution of defendant's plea before the same Judge and the fact that defendant made no showing in support of his conclusory assertion, Criminal Term properly proceeded to impose sentence without making further inquiry.
Defendant's remaining contention has not been preserved for appellate review (see People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938).
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