From Casetext: Smarter Legal Research

People v. Burnette

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 552 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

Appeal from the Supreme Court, Queens County (Dufficy, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the sufficiency of her plea allocution has not been preserved for appellate review since she did not move to withdraw her plea prior to sentencing (see, People v. Fuentes, 125 A.D.2d 328). Nor is reversal in the interest of justice required as the record reveals that the defendant knowingly, intelligently and voluntarily waived her rights and pleaded guilty (see, People v. Harris, 61 N.Y.2d 9). Moreover, by pleading guilty to a lesser included offense, the defendant forfeited her right to challenge the factual basis for the plea (see, People v. Pelchat, 62 N.Y.2d 97, 108; People v. Clairborne, 29 N.Y.2d 950, 951).

We further hold that the arresting officer's question to the defendant made at the time of her arrest was not for the purpose of eliciting an incriminating response but "was designed to clarify the nature of the situation confronted" (People v Huffman, 41 N.Y.2d 29, 34). The hearing court, therefore, properly declined to suppress the defendant's statement made in response to the officer's question (see, People v. Huffman, supra; People v. Rosen, 112 A.D.2d 253).

Lastly, we note that the sentence imposed was the one for which the defendant freely bargained. Accordingly, she has no basis to complain that her sentence is excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Niehoff, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Burnette

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 552 (N.Y. App. Div. 1987)
Case details for

People v. Burnette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLENE BURNETTE…

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 552 (N.Y. App. Div. 1987)

Citing Cases

People v. Caban

The defendant's challenge to the sufficiency of the plea allocution was not preserved for appellate review…

People v. Berrios

The defendant's contentions regarding the adequacy of his guilty plea allocutions have not been preserved for…