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People v. Schneider [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
(N.Y. App. Div. Mar. 31, 1999)

Opinion

March 31, 1999

Appeal from Judgment of Ontario County Court, Sirkin, J. — Criminal Mischief, 4th Degree.

PRESENT: DENMAN, P. J., LAWTON, HAYES, PIGOTT, JR., AND HURLBUTT, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that his Alford plea ( see, North Carolina v. Alford, 400 U.S. 25) should be vacated because the prosecutor failed to articulate on the record the proof that the People intended to offer at trial. By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve that contention for our review ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 665; People v. Rice, 224 A.D.2d 972, lv denied 88 N.Y.2d 883). Moreover, the plea colloquy does not cast significant doubt upon the voluntariness of the plea ( see, People v. Lopez, supra, at 666). Defendant stated that he had discussed the strengths and weaknesses of the People's case at length with his attorney and that he wished to enter a plea to a reduced charge to avoid the possibility of conviction on the charges for which he was indicted. Further, County Court indicated that it had reviewed the Grand Jury minutes and was satisfied that there was a substantial likelihood that defendant would be convicted.


Summaries of

People v. Schneider [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 31, 1999
(N.Y. App. Div. Mar. 31, 1999)
Case details for

People v. Schneider [4th Dept 1999

Case Details

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

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

Date published: Mar 31, 1999

Citations

(N.Y. App. Div. Mar. 31, 1999)