PEOPLE v. MONTANEZ

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Marcus MONTANEZ, Defendant-Appellant.

Decided: October 30, 2001

ROSENBERGER, J.P., WILLIAMS, TOM, ELLERIN, and BUCKLEY, JJ. Melissa R. DiPalo, for Respondent. Desiree Sheridan, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J. at plea;  John Collins, J. at sentence), rendered July 22, 1999, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

 Defendant's challenge to the fact that the prosecutor, rather than the court, conducted most of the plea allocution is a claim requiring preservation (People v. Sanchez, 284 A.D.2d 137, 725 N.Y.S.2d 548), and we decline to review this unpreserved claim in the interest of justice.   Were we to review this claim, we would find, as we did in Sanchez, that although this practice is not recommended, the court did not improperly delegate its authority by allowing the prosecutor to conduct the plea allocution in its presence and under its supervision, and that there was no impairment of the voluntariness of the plea.

 Defendant's argument that the waiver of indictment form was defective because it failed to specify the date, time and place of the offense charged is likewise unpreserved, and is, in any event, forfeited by the guilty plea (People v. Long, 273 A.D.2d 67, 708 N.Y.S.2d 869).   We would also note the requirements of CPL 195.20 were met since the waiver of indictment and superior court information constituted a single document (id.).