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People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 457 (N.Y. App. Div. 1996)

Opinion

June 3, 1996

Appeal from the County Court, Nassau County (Goodman, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty should not have been accepted by the court without conducting a further inquiry is unpreserved for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction. Unlike an allocution that actually negates an essential element of the crime pleaded to, the failure of a pleading defendant to recite every element of the crime does not necessarily suggest that the plea of guilty is improvident or baseless so as to trigger a duty on the part of the court to inquire further ( see, People v. Lopez, 71 N.Y.2d 662, 666, n 2; People v. Tapia, 197 A.D.2d 370, 371).

In light of the defendant's valid waiver of his right to appeal, we do not review the defendant's contentions that his oral motion to withdraw his plea should have been granted or that the court should have conducted a further inquiry into this motion ( see, People v. Hall, 176 A.D.2d 960). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 457 (N.Y. App. Div. 1996)
Case details for

People v. Washington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER R. WASHINGTON…

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

Date published: Jun 3, 1996

Citations

228 A.D.2d 457 (N.Y. App. Div. 1996)
643 N.Y.S.2d 415

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