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People v. Monroe

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 378 (N.Y. App. Div. 1988)

Opinion

May 2, 1988

Appeal from the County Court, Dutchess County (Hillery, J.).


Ordered that the judgment is affirmed.

The defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review (People v Pellegrino, 60 N.Y.2d 636; People v Banks, 117 A.D.2d 611, lv denied 67 N.Y.2d 939). Moreover, a defendant who accepts a bargained-for plea to a lesser offense, as here, forfeits his right to challenge the factual basis for the plea (see, People v Pelchat, 62 N.Y.2d 97, 108; People v Foster, 19 N.Y.2d 150, 151). Consequently, we reject the defendant's contention that the factual recitation of the crime was insufficient to support his guilty plea (see, People v Riley, 120 A.D.2d 752), which was entered after a knowing, voluntary and intelligent waiver of his constitutional rights (People v Harris, 61 N.Y.2d 9). Mangano, J.P., Kunzeman, Rubin and Harwood, JJ., concur.


Summaries of

People v. Monroe

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 378 (N.Y. App. Div. 1988)
Case details for

People v. Monroe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK B. MONROE…

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

Date published: May 2, 1988

Citations

140 A.D.2d 378 (N.Y. App. Div. 1988)