From Casetext: Smarter Legal Research

People v. Guerrero

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1988
140 A.D.2d 456 (N.Y. App. Div. 1988)

Opinion

May 9, 1988

Appeal from the County Court, Nassau County (Lawrence, J.).


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; writ granted sub nom. Warren v Montemango, 618 F. Supp. 147, revd sub nom. Lockett v Montemango, 784 F.2d 78, cert denied 479 U.S. 832, 107 S Ct 120).

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). Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Guerrero

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1988
140 A.D.2d 456 (N.Y. App. Div. 1988)
Case details for

People v. Guerrero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GUERRERO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 9, 1988

Citations

140 A.D.2d 456 (N.Y. App. Div. 1988)

Citing Cases

People v. Rubendall

The defendant's subsequent plea could not stand since the initial plea was valid and the Supreme Court had no…

People v. Defreece

Ordered that the judgment is affirmed. The defendant's waiver of his right to appeal in conjunction with his…