AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL OSBORNE, Appellant.

Ordered that the judgment is affirmed.

The defendant, who has interposed no challenge to his plea of guilty, acknowledged during the plea allocution that no promise was being made concerning sentence and that he understood he could receive a sentence of up to seven years. He therefore cannot be heard to complain that an alleged off-the-record "promise" by the prosecutor of a 2- to 4-year term induced his plea (People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). The defendant's present claim that he was denied effective assistance of counsel is not established by the record and should have been raised by a collateral or postjudgment motion (cf., People v. Brown, 45 N.Y.2d 852). Finally, we do not find that the sentence imposed is harsh or excessive (People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Eiber, Sullivan and Harwood, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. OSBORNE
(Oct 26, 1987)