People v. Guerrero
| Decision Date | 09 May 1988 |
| Citation | 528 N.Y.S.2d 329,140 A.D.2d 456 |
| Parties | The PEOPLE, etc., Respondent, v. David GUERRERO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John F. Clennan, Ronkonkoma, for appellant. Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese and Kathleen M. Cruise, of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Lawrence, J) rendered April 2, 1984, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant contends that the court erred in vacating his prior plea of guilty. That issue was waived, however, by the entry of the subsequent plea of guilty which resulted in the judgment from which the defendant now appeals. In any event, we have reviewed the merits of his claim and find that the record supports the Supreme Court's conclusion that the defendant obtained his prior plea by fraud and, therefore, it correctly vacated that plea and reinstated the indictment ( see, Matter of Lockett v. Juviler, 65 N.Y.2d 182, 490 N.Y.S.2d 764, 480 N.E.2d 378: writ. granted sub nom. Warren v. Montemagno, 618 F.Supp. 147, rev'd. sub nom. Lockett v. Montemagno, 784 F.2d 78 (2nd Civ.), cert. denied 479 U.S. 832, 107 S.Ct. 120, 93 L.Ed.2d 66). We have examined the defendant's remaining claim with regard to the excessiveness of his sentence and find it to be without merit (see, People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351).
To continue reading
Request your trial
-
People v. Boyce
...of his right to appellate review of the earlier order of the Supreme Court which vacated his prior guilty plea (see, People v. Guerrero, 140 A.D.2d 456, 528 N.Y.S.2d 329). Furthermore, the defendant's attempt to preserve the right to appellate review of this issue is of no effect (see, Peop......
-
People v. Albanese
...waived his right to appellate review of this issue (see, People v. Boyce, 150 A.D.2d 471, 540 N.Y.S.2d 746; People v. Guerrero, 140 A.D.2d 456, 528 N.Y.S.2d 329). Moreover, we do not choose to exercise our interest of justice jurisdiction because the defendant negotiated an extremely favora......
- MacDonald v. Fischman