From Casetext: Smarter Legal Research

People v. Harrell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 852 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Cayuga County Court, Corning, J. — Assault, 2nd Degree.

PRESENT: HAYES, J. P., HURLBUTT, SCUDDER, KEHOE AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution by failing to move to withdraw his guilty plea or to vacate the judgment of conviction on that ground ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Welsher, 270 A.D.2d 839, lv denied 95 N.Y.2d 806). In any event, we conclude that County Court `s inquiry concerning a possible justification defense was sufficient to ensure that defendant's plea was knowing and voluntary ( see, People v. Lopez, supra, at 666-667).


Summaries of

People v. Harrell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 852 (N.Y. App. Div. 2000)
Case details for

People v. Harrell

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. AL-TYRRIC…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 852 (N.Y. App. Div. 2000)
718 N.Y.S.2d 689

Citing Cases

People v. Robertson

Memorandum: Defendant failed to move to withdraw his plea of guilty or vacate the judgment of conviction on…

People v. Brown

icting him upon his plea of guilty of attempted burglary in the second degree (Penal Law 110.00, 140.25) and…