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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 713 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

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


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his claim that he should be relieved of his guilty plea (see, People v Pellegrino, 60 N.Y.2d 636). We decline to reverse in the exercise of our interest of justice jurisdiction. Criminal Term conducted a painstaking inquiry as to whether the defendant desired to plead guilty notwithstanding his denial of the facts constituting the crime. The plea transcript indicates that the defendant's guilty plea was motivated by his desire to avoid the risk of a verdict convicting him of a greater charge with an increased sentencing exposure. The defendant was represented by competent counsel. Under these circumstances, there is no basis for concluding that the defendant's plea was anything but knowingly and intelligently entered (see, North Carolina v Alford, 400 U.S. 25; People v Serrano, 15 N.Y.2d 304; People v Brown, 114 A.D.2d 1036).

We have examined the defendant's remaining contention and find it to be without merit. Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 713 (N.Y. App. Div. 1988)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFONSO JACKSON…

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

Date published: May 31, 1988

Citations

140 A.D.2d 713 (N.Y. App. Div. 1988)

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