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People v. Mayo

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 1995
222 A.D.2d 858 (N.Y. App. Div. 1995)

Opinion

December 14, 1995

Appeal from the County Court of Schenectady County (Harrigan, J.).


During the allocution of his guilty plea and in response to a broad multiple-part question by County Court, defendant stated, "I don't know. I mean I didn't really sell no drugs, no." The court thereupon immediately questioned defendant as to the specific details of the alleged crime and defendant acknowledged each essential element thereof. Defendant now challenges the sufficiency of his plea allocution. Initially, we note that defendant did not move to withdraw his plea or vacate his judgment of conviction. Accordingly, this issue, raised for the first time on this appeal, was not preserved for appellate review ( see, People v Lopez, 71 N.Y.2d 662, 665-666). Moreover, the record reveals that except for the one area of uncertainty, which was instantly addressed by County Court with further inquiry ( see, supra, at 666), the plea was knowingly, intelligently and voluntarily entered.

Mikoll, J.P., Crew III, White and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Mayo

Appellate Division of the Supreme Court of New York, Third Department
Dec 14, 1995
222 A.D.2d 858 (N.Y. App. Div. 1995)
Case details for

People v. Mayo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MAYO, Appellant

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

Date published: Dec 14, 1995

Citations

222 A.D.2d 858 (N.Y. App. Div. 1995)
635 N.Y.S.2d 716

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