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People v. Barriera

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1991
172 A.D.2d 319 (N.Y. App. Div. 1991)

Opinion

April 18, 1991

Appeal from the Supreme Court, New York County (Martin Rettinger, J.).


The defendant, a seventeen year old, committed the alleged crimes on January 28, 1989, June 30, 1988, and December 11, 1988. On appeal the defendant claims that he never formally pled guilty and that the plea was factually insufficient. Review of the record shows that during the allocution the defendant was represented by two attorneys, and was separately questioned about each crime by the Judge. The allocution further shows that there was a sufficient factual basis for each crime to support defendant's pleas of guilty. Indeed, the defendant thanked the court for accepting his plea. Thus, defendant's claims are without any basis. No uniform mandatory catechism is required for entering and accepting a plea. (People v. Nixon, 21 N.Y.2d 338, 352, cert denied sub nom. Robinson v. New York, 393 U.S. 1067.)

Defendant's claim that the sentence was excessive and that he should have been granted youthful offender treatment is also without merit, as his age, criminal record and his commission of three violent crimes within a short time span support the Court's determination to sentence as an adult (People v. Williams, 78 A.D.2d 642).

Concur — Murphy, P.J., Carro, Kupferman and Smith, JJ.


Summaries of

People v. Barriera

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 1991
172 A.D.2d 319 (N.Y. App. Div. 1991)
Case details for

People v. Barriera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND BARRIERA…

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

Date published: Apr 18, 1991

Citations

172 A.D.2d 319 (N.Y. App. Div. 1991)
569 N.Y.S.2d 1

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