PEOPLE v. OGBEBOR (1997)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Graham OGBEBOR, Appellant.

Decided: September 19, 1997

Before McCOOE, J.P., and FREEDMAN and DAVIS, JJ.

Daniel L. Greenberg, New York City (Katheryne M. Martone, of counsel) for appellant. Robert T. Johnson, District Attorney of Bronx County (Karen Swiger and Karin R. Vandevenne, of counsel), for respondent.

Judgment of conviction rendered July 17, 1995 (Megan Tallmer, J.) affirmed.

Criminal Court did not abuse its discretion in rejecting the defendant's proposed plea arrangement based upon an unauthorized sentence (see, People v. Bartley, 60 A.D.2d 283, 401 N.Y.S.2d 71, aff'd 47 N.Y.2d 965, 419 N.Y.S.2d 956, 393 N.E.2d 1029) or in refusing to entertain any further plea offers when, following the close of the People's case, no fewer than three attempts to allocute defendant on a permissible plea agreement had proven unsuccessful (see generally, People v. Selikoff, 35 N.Y.2d 227, 235, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822; People v. Nixon, 21 N.Y.2d 338, 351, 287 N.Y.S.2d 659, 234 N.E.2d 687; compare, People v. Compton, 157 A.D.2d 903, 550 N.Y.S.2d 148, lv. denied 75 N.Y.2d 918, 555 N.Y.S.2d 36, 554 N.E.2d 73).

Defendant's challenge to the sufficiency of the trial evidence is unpreserved for review (People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919) and, in any event, without merit. Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network