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People v. Pabon

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 719 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgments are affirmed.

There is no support in the record for the defendant's bare allegation on appeal that he was not competent to plead guilty. We note that the Supreme Court did inquire into the defendant's mental competency at the time of his pleas and the Probation Department's presentence report indicates that he was examined and found fit to proceed (cf., People v Armlin, 37 N.Y.2d 167, 171-173; People v Bangert, 22 N.Y.2d 799). In addition, the defendant's appellate claim that his pleas were coerced because prejudicial pretrial publicity precluded a fair trial is based upon matter which is dehors the record and is not reviewable on this appeal.

The defendant's other contentions are either unpreserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636) or without merit (see, People v Kazepis, 101 A.D.2d 816). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Pabon

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 719 (N.Y. App. Div. 1988)
Case details for

People v. Pabon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PABON, Appellant

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

Date published: May 31, 1988

Citations

140 A.D.2d 719 (N.Y. App. Div. 1988)

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