From Casetext: Smarter Legal Research

People v. Moore

Supreme Court, Appellate Term, New York, First Department.
Feb 22, 2012
34 Misc. 3d 151 (N.Y. App. Div. 2012)

Opinion

No. 571006/10.

2012-02-22

The PEOPLE of the State of New York, Respondent, v. Kenneth MOORE, Defendant–Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Roger S. Hayes, J.), rendered October 9, 2010, convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.
Present: HUNTER, JR., J.P., SHULMAN, TORRES, JJ.

PER CURIAM.

Judgment of conviction (Roger S. Hayes, J.), rendered October 9, 2010, affirmed.

Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement ( see People v. Lopez, 71 N.Y.2d 662, 665 [1988] ), his challenges to the validity of the plea are unpreserved for appellate review, and we decline to review them in the interest of justice ( see People v. Rodriguez, 83 AD3d 449 [2011] ). As an alternative holding, we also reject them on the merits. A plea of guilty will be sustained in the absence of a full factual allocution where, as here, there is no indication that the guilty plea assented to by defendant in the presence of counsel was improvident or baseless ( see People v. Winbush, 199 A.D.2d 447, 448 [1993];see also People v. Goldstein, 12 NY3d 295, 300–301 [2009] ).

THIS CONSTITUTED THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Moore

Supreme Court, Appellate Term, New York, First Department.
Feb 22, 2012
34 Misc. 3d 151 (N.Y. App. Div. 2012)
Case details for

People v. Moore

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Kenneth MOORE…

Court:Supreme Court, Appellate Term, New York, First Department.

Date published: Feb 22, 2012

Citations

34 Misc. 3d 151 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 50275
951 N.Y.S.2d 88

Citing Cases

People v. Moore

OpinionReported below, 34 Misc.3d 151(A), 2012 N.Y. Slip Op. 50275(U), 2012 WL 575007.Motion for assignment…