From Casetext: Smarter Legal Research

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1994
202 A.D.2d 190 (N.Y. App. Div. 1994)

Opinion

March 3, 1994

Appeal from the Supreme Court, New York County (Felice K. Shea, J.).


Defendant's challenge to the plea allocution is not preserved as a matter of law since he failed to move to withdraw his plea or vacate the judgment of conviction (People v. Lopez, 71 N.Y.2d 662, 665). Were we to reach the claim in the interest of justice, we would find it to be without merit. There is no "uniform mandatory catechism of pleading defendants", only that it be demonstrable that the plea was voluntary, knowing, and intelligent (People v. Nixon, 21 N.Y.2d 338, 353, cert denied sub nom. Robinson v. New York, 393 U.S. 1067), which is shown by a review of the minutes herein. "The fact that defendant did not recite all the elements of the crime did not render the plea invalid" (People v. Galvan, 197 A.D.2d 394, 395).

Concur — Murphy, P.J., Ellerin, Kupferman and Nardelli, JJ.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 1994
202 A.D.2d 190 (N.Y. App. Div. 1994)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO REYES…

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

Date published: Mar 3, 1994

Citations

202 A.D.2d 190 (N.Y. App. Div. 1994)
608 N.Y.S.2d 426

Citing Cases

People v. Williams

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.). In viewing the totality of the…

People v. Hopkins

Robinson v. New York, 393 US 1067), which is shown by a review of the record herein. "The fact that defendant…