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People v. Bartlett

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1024 (N.Y. App. Div. 2001)

Opinion

(1637) KA 00-02622

December 21, 2001.

(Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Misconduct.)

PRESENT: HAYES, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in accepting his plea of guilty to two counts of sexual misconduct (Penal Law § 130.20) without conducting a sufficient factual colloquy. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, he failed to preserve that contention for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. White, 214 A.D.2d 811, 812, lv denied 86 N.Y.2d 742). In any event, defendant's contention lacks merit. "[I]t is not necessary that a defendant admit guilt when entering an Alford plea provided the plea is informed and intelligent" ( People v. White, supra, at 812; see, North Carolina v. Alford, 400 U.S. 25, 37). Here, the court reviewed the consequences of the plea with defendant, who indicated that he was acting voluntarily after a complete discussion of the matter with defense counsel. The sentence is neither unduly harsh nor severe.


Summaries of

People v. Bartlett

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1024 (N.Y. App. Div. 2001)
Case details for

People v. Bartlett

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JESSE C…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 1024 (N.Y. App. Div. 2001)
735 N.Y.S.2d 450

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