People v. Pascale

• Decision Date: 03 January 1980
• Citation: 48 N.Y.2d 997,425 N.Y.S.2d 547,401 N.E.2d 904
• Parties: , 401 N.E.2d 904 The PEOPLE of the State of New York, Respondent, v. Anthony PASCALE, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 547

425 N.Y.S.2d 547

48 N.Y.2d 997, 401 N.E.2d 904

The PEOPLE of the State of New York, Respondent, v. Anthony PASCALE, Appellant.

Court of Appeals of New York.

Jan. 3, 1980.

S. Simpson Gray, Mount Vernon, and Louis A. Garcia, New York City, for appellant.

Mario Merola, Dist. Atty. (Cary W. Sucoff and Alan D. Marrus, Asst. Dist. Attys., of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed. The argument that the defendant should be relieved of his guilty plea was not raised by motion in the court of first instance prior to conviction and therefore has not been preserved for our review (People v. Bell, 47 N.Y.2d 839, 418 N.Y.S.2d 584, 392 N.E.2d 570; People v. Adams, 46 N.Y.2d 1047, 416 N.Y.S.2d 588, 389 N.E.2d 1108). The denials of his postconviction motions are not before us on this appeal.

With respect to the claim of ineffective assistance of counsel, raised for the first time on appeal, there is nothing apparent in this record which would support this contention.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.