From Casetext: Smarter Legal Research

People v. Harriott

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 987 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Chautauqua County Court, Ward, J. — Murder, 1st Degree.

PRESENT: PINE, J. P., WISNER, BALIO AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the first degree (Penal Law § 125.27 [a] [vii]; [b]) and murder in the second degree (Penal Law § 125.25). By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he did not knowingly, intelligently and voluntarily enter his guilty plea ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 665). This is not one of those rare cases in which the statements of defendant engender significant doubt with respect to his guilt or otherwise call into question the voluntariness of the plea ( see, People v. Toxey, supra, at 726; People v. Lopez, supra, at 666). "The record shows that defendant was advised of his rights and that his Alford plea ( see, North Carolina v. Alford, 400 U.S. 25) was knowingly, intelligently and voluntarily entered with a full understanding of its consequences" ( People v. Alfieri, 201 A.D.2d 935, lv denied 83 N.Y.2d 908; see, People v. Peralta, 231 A.D.2d 958, lv denied 90 N.Y.2d 909). The bargained-for sentence is neither unduly harsh nor severe.


Summaries of

People v. Harriott

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 987 (N.Y. App. Div. 2000)
Case details for

People v. Harriott

Case Details

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

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 987 (N.Y. App. Div. 2000)
716 N.Y.S.2d 343

Citing Cases

People v. Sherman

Defendant wrote a letter to the court prior to sentencing in which he protested his innocence but he did not…

People v. Hobart

On appeal from a judgment convicting him of murder in the second degree (Penal Law § 125.25) and sentencing…