Appellate Division of the Supreme Court of New York, 1986

People v. Silva

People v. Silva
Appellate Division of the Supreme Court of New York · Decided December 1, 1986
125 A.D.2d 347; 508 N.Y.S.2d 999; 1986 N.Y. App. Div. LEXIS 62624
People v. Silva

Opinion of the Court

Appeal by the defendant from three judgments of the Supreme Court, Kings County (Maraño, J.), all rendered September 26, 1984, convicting him of criminal sale of a controlled substance in the fifth degree under indictment No. 340/83, criminal sale of a controlled substance in the fourth degree under indictment No. 6150/83, and criminal sale of a controlled substance in the fifth degree under indictment No. 5160/84, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant, by failing to challenge the propriety of the plea proceedings before the court of first instance, has failed to preserve the issue for appellate consideration (see, People v Pellegrino, 60 NY2d 636). In any event, the record discloses that the defendant knowingly and voluntarily waived his constitutional rights after a full and complete allocution (see, People v Harris, 61 NY2d 9).

Nor do we find any abuse of discretion with respect to the sentences imposed. Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.

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