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People v. Asabal

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 520 (N.Y. App. Div. 1998)

Opinion

December 21, 1998

Appeal from the Supreme Court, Queens County (Schulman, J.).


Ordered that the judgments are affirmed.

Having failed to make a motion to withdraw his pleas pursuant to CPL 220.60 (3) or a motion to vacate the judgments of conviction pursuant to CPL 440.10, the defendant's challenge to the factual sufficiency of his plea allocutions is unpreserved for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636). We reject the defendant's contention that his allocutions cast significant doubt on his guilt such that the court was required to conduct an inquiry to ensure that the pleas were intelligently entered, and its failure to do so allows him to challenge the sufficiency of the allocutions directly on appeal ( see, People v. Lopez, 71 N.Y.2d 662). In any event, the record reveals that the court did conduct a sufficient inquiry, and that inquiry demonstrated that any defense of intoxication was not viable ( cf., People v. Simone, 179 A.D.2d 694; People v. Braman, 136 A.D.2d 382). The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Miller, J. P., Pizzuto, McGinity and Luciano, JJ., concur.


Summaries of

People v. Asabal

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1998
256 A.D.2d 520 (N.Y. App. Div. 1998)
Case details for

People v. Asabal

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUNO ASABAL, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 21, 1998

Citations

256 A.D.2d 520 (N.Y. App. Div. 1998)
682 N.Y.S.2d 862

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