People v. Miller

Decision Date13 April 1998
Citation670 N.Y.S.2d 781,249 A.D.2d 419
Parties1998 N.Y. Slip Op. 3447 The PEOPLE, etc., Respondent, v. Demetri MILLER, Appellant.
CourtNew York Supreme Court — Appellate Division

Andrew E. MacAskill, Hicksville, for appellant.

Denis Dillon, District Attorney, Mineola (Bruce E. Whitney and Denise Pavlides, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered October 10, 1996, convicting him of robbery in the third degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The Court permissibly exercised its discretion in denying the defendant's motion to vacate his plea of guilty (see, People v. Ellerbe, 237 A.D.2d 299, 655 N.Y.S.2d 409; People v. Sears, 204 A.D.2d 578, 579, 614 N.Y.S.2d 207; People v. Ladelokun, 192 A.D.2d 723, 724, 597 N.Y.S.2d 123; People v. Lisbon, 187 A.D.2d 457, 458, 589 N.Y.S.2d 527; see also, People v. Ford, 86 N.Y.2d 397, 404, 633 N.Y.S.2d 270, 657 N.E.2d 265; People v. Rivera, 71 N.Y.2d 705, 708, 530 N.Y.S.2d 52, 525 N.E.2d 698; People v. Baldi, 54 N.Y.2d 137, 146-147, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Francis, 211 A.D.2d 812, 813, 621 N.Y.S.2d 918). The defendant's contention that the court improperly adjudicated him a second felony offender is unpreserved for appellate review, and, in any event, without merit (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; see also, People v. Proctor, 79 N.Y.2d 992, 584 N.Y.S.2d 435, 594 N.E.2d 929; People v. Polanco, 232 A.D.2d 674, 675, 648 N.Y.S.2d 56; People v. Ramos, 150 A.D.2d 811, 543 N.Y.S.2d 288).

O'BRIEN, J.P., and RITTER, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ., concur.

To continue reading

Request your trial

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