# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 9, 2004 · 9 A.D.3d 886

URL: https://www.frixlaw.com/law-library/cases/5677213

## Case

- **Full name:** The People of the State of New York v. Akeem Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 9, 2004
- **Citations:** 9 A.D.3d 886; 779 N.Y.S.2d 372; 2004 N.Y. App. Div. LEXIS 9535
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5677213

## Opinion text

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered June 20, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1]). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]). In any event, we conclude that his challenge is without merit (see People v Rivera, 266 AD2d 576, 577 [1999]; People v Thomas, 169 AD2d 515, 516 [1991], lv denied 78 NY2d 975 [1991]). We also reject defendant’s contention concerning the severity of the bargained-for sentence (see People v McGovern, 265 AD2d 881 [1999], lv denied 94 NY2d 882 [2000]). We therefore affirm the judgment. Present—Green, J.P., Hurlbutt, Kehoe, Martoche and Hayes, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5677213. Public record. Not legal advice.