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People v. Dunlop

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 692 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that his plea of guilty was not knowingly, intelligently, and voluntarily entered because the Supreme Court failed to conduct a sufficient inquiry to determine whether he was aware that he possessed the potential defenses of extreme emotional disturbance (Penal Law § 125.25 [a]) and justification (Penal Law § 35.15 [a]). Contrary to the defendant's contention, his factual recitation of his commission of the crimes did not indicate that these defenses were viable. Thus, the Supreme Court was not required to make a further inquiry ( see, People v. Lopez, 71 N.Y.2d 662; People v Brewley, 211 A.D.2d 805).

We further reject the defendant's contention that the court should not have denied his motion to withdraw his plea without conducting a further inquiry. The defendant was afforded a reasonable opportunity to present his contentions ( see, People v Fiumefreddo, 82 N.Y.2d 536), and the record does not support his contentions that he was coerced into taking the plea or that trial counsel was inadequate. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Dunlop

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 692 (N.Y. App. Div. 1996)
Case details for

People v. Dunlop

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DUNLOP, Appellant

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 692 (N.Y. App. Div. 1996)
644 N.Y.S.2d 981

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