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. ALBERTO MONTEZ, True Name ALBERTO MONTEZ-GAVIRIA, Appellant.

Judgment affirmed.

By failing to move to withdraw his guilty plea, defendant has failed to preserve for appellate review the issue of the sufficiency of the allocution ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Lawrence, 100 A.D.2d 944; People v. Mattocks, 100 A.D.2d 944) and review in the interest of justice is not warranted. Moreover, the defendant, "by pleading guilty prior to a decision on his suppression motion, waived final determination of the motion, and thus failed to preserve any suppression issue for appellate review" ( People v. Corti, 88 A.D.2d 345, 347). Defendant's claims of ineffectiveness of counsel require the making of an additional record, and should be determined by way of a collateral or postconviction proceeding pursuant to CPL 440.10 ( see, People v. Lawrence, supra; People v. Drummond, 99 A.D.2d 760). Finally, we note that inasmuch as defendant received the sentence for which he bargained, he has no basis to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MONTEZ
(Jun 17, 1985)