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People v. MacKenzie

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 770 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

Appeal from the County Court, Nassau County (Lawrence, J.).


Ordered that the judgments are affirmed.

The defendant did not raise his objections to the adequacy of the plea allocutions to the court of first instance. Thus, he failed, as a matter of law, to preserve his claim for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, the plea allocutions clearly established sufficient factual bases for the court's acceptance of the defendant's pleas of guilty to the charges of attempted robbery in the second degree and burglary in the second degree. Furthermore, the absence of a complete factual recitation of the underlying circumstances of the crime of reckless endangerment in the first degree does not require automatic reversal of this conviction, where, as here, the record affirmatively demonstrates that the plea was entered knowingly, voluntarily and with competent assistance of counsel (see, People v. Santiago, 100 A.D.2d 857; People v. Moore, 91 A.D.2d 1050), and "`[t]here is no suggestion in the record or dehors the record that the guilty plea was improvident or baseless'" (People v. Moore, supra, at 1050, quoting from People v. Nixon, 21 N.Y.2d 338, 350, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. MacKenzie

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 770 (N.Y. App. Div. 1987)
Case details for

People v. MacKenzie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MacKENZIE…

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

Date published: May 26, 1987

Citations

130 A.D.2d 770 (N.Y. App. Div. 1987)

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