People v. Pascale

N.Y.

Court: New York Court of Appeals

Citations: 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904, 1980 N.Y. LEXIS 2049

Decision Date: 1/3/1980

Jurisdiction: NY

Bluebook Citation: People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904, 1980 N.Y. LEXIS 2049 (1980)

More Cases: N.Y. decisions from 1980

The People of the State of New York, Respondent, v Anthony Pascale, Appellant.

Attorneys

APPEARANCES OF COUNSEL
S. Simpson Gray and Louis A. Garcia for appellant.
Mario Merola, District Attorney (Cary W. Sucoff and Alan D. Marrus of counsel), for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed. The argument that the defendant should be relieved of his guilty plea was not raised by motion in the court of first instance prior to conviction and therefore has not been preserved for our review (People v Bell, 47 NY2d 839; People v Adams, 46 NY2d 1047). The denials of his postconviction motions are not before us on this appeal.

With respect to the claim of ineffective assistance of counsel, raised for the first time on appeal, there is nothing apparent in this record which would support this contention.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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