People v. Sanchez

• Decision Date: 07 June 2001
• Citation: 725 N.Y.S.2d 548
• Parties: (A.D. 1 Dept. 2001) The People of the State of New York, Respondent, v. Edgardo Sanchez, etc., Defendant-Appellant. 4384 : FIRST JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 548

725 N.Y.S.2d 548 (A.D. 1 Dept. 2001)

The People of the State of New York, Respondent, v. Edgardo Sanchez, etc., Defendant-Appellant.

4384

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

June 7, 2001

Lara R. Binimow - for respondent,

Julie Sender - for defendant-appellant.

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J. at plea; John Collins, J. at sentence), rendered October 29, 1999, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 ½ to 9 years, unanimously affirmed.

That the prosecutor conducted most of the plea allocution did not constitute a "mode of proceedings" error (see, People v Ahmed, 66 N.Y.2d 307), since the allocution was conducted in the presence, and under the supervision, of the court (see, People v Mays, 232 A.D.2d 332, lv denied 89 N.Y.2d 926). Accordingly, the issue is subject to normal preservation requirements and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would conclude that although a plea inquiry should normally be conducted by the court (People v Mave, 129 A.D.2d 204), the plea was clearly voluntary and there is no basis for reversal (see, People v Empey, 141 A.D.2d 987; People v Robideau, 133 A.D.2d 903, lv denied 71 N.Y.2d 902). Defendant's remaining arguments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

Andrias, J.P., Lerner, Rubin, Buckley, Marlow, JJ., concur.