Appellate Division of the Supreme Court of New York, 1999

People v. Dickenson

People v. Dickenson
Appellate Division of the Supreme Court of New York · Decided June 22, 1999
262 A.D.2d 215; 691 N.Y.S.2d 769; 1999 N.Y. App. Div. LEXIS 7441
People v. Dickenson

Opinion of the Court

—Judgments, Supreme Court, Bronx County (John Byrne, J., at pleas; Lawrence Bernstein, J., at sentence), rendered August 17, 1994, *216convicting defendant of conspiracy in the second degree and grand larceny in the third degree, and sentencing him to concurrent terms of 3 to 9 years and 1 to 3 years, respectively, unanimously affirmed.

Since defendant’s challenge to the sufficiency of the indictment is a claim of factual insufficiency, such claim is waived by defendant’s guilty plea (People v Iannone, 45 NY2d 589, 600-601), as well as being unpreserved and without merit.

We perceive no abuse of sentencing discretion. Concur— Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.

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