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People v. Castro

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 839 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

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


Ordered that the judgment is affirmed.

The sole issue raised by the defendant on this appeal concerns the sufficiency of the factual recitation in his plea of guilty. The defendant failed to preserve this claim for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Moore, 91 A.D.2d 1050).

In any event, the defendant's contention is meritless. The actions admitted in the guilty plea were more than adequate to support the conviction. The defendant admitted, in his own words, that he sold a plastic bag containing $25 worth of cocaine to an undercover police officer. Thus, the defendant's own recital of the circumstances of the crime established all the elements of the crime to which he pleaded guilty, and there is no basis to disturb the court's acceptance of the plea (see, People v. Demonde, 111 A.D.2d 867, 868). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Castro

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 839 (N.Y. App. Div. 1987)
Case details for

People v. Castro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CASTRO…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 839 (N.Y. App. Div. 1987)

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