233 A.D.2d 955 649 N.Y.S.2d 888

The People of the State of New York, Respondent, v Jose Ortiz, Appellant.

[649 NYS2d 888]

Judgment unanimously *956affirmed. Memorandum: Defendant, an inmate at the Cayuga Correctional Facility, pleaded guilty to promoting prison contraband in the first degree (Penal Law § 205.25 [2]). County Court did not abuse its discretion in denying defendant’s request for an adjournment of sentencing to permit defense counsel to investigate the alleged selective prosecution of inmates incarcerated in correctional facilities located in Cayuga County (see generally, People v Blount, 231 AD2d 860). By pleading guilty, defendant forfeited his claim of selective prosecution (see, People v Rodriguez, 55 NY2d 776, 777; People v Gerber, 182 AD2d 252, 260-262, Iv denied 80 NY2d 1026). We note that counsel declined an opportunity to move to vacate the plea. (Appeal from Judgment of Cayuga County Court, Contiguglia, J.—Promoting Prison Contraband, 1st Degree.) Present—Green, J. P., Pine, Lawton, Doerr and Boehm, JJ.

People v. Ortiz
233 A.D.2d 955 649 N.Y.S.2d 888

Case Details

Name
People v. Ortiz
Decision Date
Nov 8, 1996
Citations

233 A.D.2d 955

649 N.Y.S.2d 888

Jurisdiction
New York

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