From Casetext: Smarter Legal Research

People v. Llorente

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1988
142 A.D.2d 737 (N.Y. App. Div. 1988)

Opinion

July 25, 1988

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


Ordered that the judgment is affirmed.

The defendant failed to raise his objections to the plea allocution in the County Court and accordingly has not preserved his claims for appellate review (People v. Hoke, 62 N.Y.2d 1022; People v. Pellegrino, 60 N.Y.2d 636). In any event, the record clearly establishes that the guilty plea was entered voluntarily and with a full understanding of the rights thereby waived (see, People v. Harris, 61 N.Y.2d 9). Furthermore, we find that the defendant knowingly and voluntarily waived, as a condition of the plea bargain, his right to appeal the propriety of his sentence and his second felony offender adjudication, and accordingly the waiver should be implemented (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Feingold, 125 A.D.2d 587, lv denied 69 N.Y.2d 880; People v. Harvey, 124 A.D.2d 943, lv denied 69 N.Y.2d 746).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find that they either relate to matter dehors the record on the appeal or are meritless. Kunzeman, J.P., Weinstein, Eiber and Spatt, JJ., concur.


Summaries of

People v. Llorente

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1988
142 A.D.2d 737 (N.Y. App. Div. 1988)
Case details for

People v. Llorente

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL LLORENTE…

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

Date published: Jul 25, 1988

Citations

142 A.D.2d 737 (N.Y. App. Div. 1988)

Citing Cases

People v. Smith

Furthermore, we believe that the doctrine of stare decisis alone warrants rejection by this Department of the…