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People v. Dowett

Appellate Term of the Supreme Court of New York, First Department
Jun 25, 2008
2008 N.Y. Slip Op. 51264 (N.Y. App. Term 2008)

Opinion

570301/07.

Decided June 25, 2008.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (George Villegas, J.), rendered April 5, 2007, convicting him, upon a plea of guilty, of violating Tax Law § 1814(a)(1), and imposing sentence.

Judgment of conviction (George Villegas, J.), rendered April 5, 2007, affirmed.

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.


Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement ( see People v Lopez, 71 NY2d 662), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. There is no "uniform mandatory catechism of pleading defendants," only that it be demonstrated that the plea was voluntary, knowing and intelligent ( see People v Nixon, 21 NY2d 338, 353, cert denied sub nom Robinson v New York, 393 US 1067), which is shown by a review of the record herein.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Dowett

Appellate Term of the Supreme Court of New York, First Department
Jun 25, 2008
2008 N.Y. Slip Op. 51264 (N.Y. App. Term 2008)
Case details for

People v. Dowett

Case Details

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

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

Date published: Jun 25, 2008

Citations

2008 N.Y. Slip Op. 51264 (N.Y. App. Term 2008)