Appellate Division of the Supreme Court of New York, 1985

People v. Christmas

Appellate Division of the Supreme Court of New York · Decided April 8, 1985

110 A.D.2d 707; 487 N.Y.S.2d 608; 1985 N.Y. App. Div. LEXIS 48604

Cases that cite this one

1 later published case cites this decision.

People v. Smith (Appellate Division of the Supreme Court of New York 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*708Defendant failed to raise before Criminal Term the arguments made regarding the alleged inadequacy of the plea allocution and, therefore, they are not preserved for review as a matter of law (People v Pellegrino, 60 NY2d 636). In any event, the record indicates that defendant’s plea was entered knowingly and voluntarily (People v Harris, 61 NY2d 9; People v Serrano, 15 NY2d 304). Defendant’s arguments regarding the constitutionality of the second violent felony offender sentencing provisions are without merit (Penal Law § 70.06; People v Velasquez, 107 AD2d 726). Finally, the sentence, which was imposed in accordance with a negotiated plea agreement, was not excessive (People v Kazepis, 101 AD2d 816). Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.