People v. Outer
Decision Date | 04 October 1993 |
Citation | 197 A.D.2d 543,602 N.Y.S.2d 215 |
Parties | The PEOPLE, etc., Respondent, v. Cynthia OUTER, Appellant. |
Court | New York Supreme Court — Appellate Division |
Jonathan C. Scott, Northport, for appellant.
Francis D. Phillips II, Dist. Atty., Goshen (John Goldsmith, of counsel), for respondent.
Before MANGANO, P.J., and ROSENBLATT, LAWRENCE, COPERTINO and JOY, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered August 13, 1992, convicting her of criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's argument regarding the voluntariness of her plea of guilty is unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). In any event, the defendant's plea was not rendered involuntary because the court did not advise her that one of the consequences of her plea would be an enhanced sentence in the event she would in the future be convicted of another crime (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Silvers, 163 A.D.2d 71, 558 N.Y.S.2d 25; People v. Mitchell, 121 A.D.2d 403, 502 N.Y.S.2d 805).
We have reviewed the defendant's remaining contention and find it to be without merit.
To continue reading
Request your trial-
People v. Lewis
...consequences of pleading guilty to a felony, [did] not implicate any constitutional right”); People v. Outer, 197 A.D.2d 543, 544, 602 N.Y.S.2d 215 [2nd Dept.1993] (holding that defendant's plea was not rendered involuntary because the court did not advise her that a consequence of her plea......
-
People v. Rogers
...N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Sanchez–Martinez, 35 A.D.3d 632, 633, 829 N.Y.S.2d 121 ; People v. Outer, 197 A.D.2d 543, 544, 602 N.Y.S.2d 215 ). In any event, the record demonstrates that the court properly advised the defendant that as a result of his convicti......
-
People v. Austin
...offender (see, CPL 400.15[7][a], 400.16[2]; People v Harris, 61 N.Y.2d 9, 15; see also, People v Hannon, 209 A.D.2d 319, 320-321; People v Outer, 197 A.D.2d 543; People v Mitchell, 121 A.D.2d The defendant waived his claim concerning the denial of his suppression motion (see, People v Kemp,......
-
People v. Mingo
...the defendant's plea of guilty was not valid (see People v. Sanchez–Martinez, 35 A.D.3d 632, 633, 829 N.Y.S.2d 121; People v. Outer, 197 A.D.2d 543, 544, 602 N.Y.S.2d 215). The defendant's claim that the Supreme Court had the discretion to resentence him on the counts that were not defectiv......