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People v. Ferguson

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1989
156 A.D.2d 581 (N.Y. App. Div. 1989)

Opinion

December 18, 1989

Appeal from the Supreme Court, Kings County (Tomei, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve his challenge to the sufficiency of his plea allocution for appellate review (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, a review of the record shows that the defendant understood the proceedings and that he knowingly, intelligently and voluntarily pleaded guilty. Moreover, the factual allocution was sufficient as the defendant admitted, in his own words, that, while acting in concert with another person, he took out a knife and, with the knife in his hand, demanded and took money from the complainant. Under the circumstances, the defendant's recital established all of the necessary elements of the crime (see, People v Di Girolamo, 108 A.D.2d 755). Mangano, J.P., Kunzeman, Eiber and Balletta, JJ., concur.


Summaries of

People v. Ferguson

Appellate Division of the Supreme Court of New York, Second Department
Dec 18, 1989
156 A.D.2d 581 (N.Y. App. Div. 1989)
Case details for

People v. Ferguson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID FERGUSON…

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

Date published: Dec 18, 1989

Citations

156 A.D.2d 581 (N.Y. App. Div. 1989)
549 N.Y.S.2d 90

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