Appellate Division of the Supreme Court of New York, 1990

People v. Nichols

People v. Nichols
Appellate Division of the Supreme Court of New York · Decided July 23, 1990
163 A.D.2d 589
People v. Nichols

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered February 23, 1988, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

*590Ordered that the judgment is affirmed.

The defendant’s contention with respect to the factual sufficiency of his plea allocution is unpreserved for appellate review (see, People v Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636) and is, in any event, without merit. The court did not err in imposing a more severe sentence where the promise of a lesser sentence was clearly conditioned on the defendant’s appearance for sentencing on the scheduled date and his cooperation with the Probation Department (see, People v Asencio, 143 AD2d 917). Thompson, J. P., Brown, Balletta and Miller, JJ., concur.

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