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People v. Pierce

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 584 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Doerr, J.P., Green, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The record fully supports the suppression court's finding that defendant made an effective waiver of his Miranda rights and, therefore, defendant's motion to suppress oral and written statements to the police was properly denied (see, People v Williams, 62 N.Y.2d 285; People v Williams, 174 A.D.2d 969; People v Matthews, 148 A.D.2d 272, 274, lv dismissed 74 N.Y.2d 950; People v Bucknor, 140 A.D.2d 705, lv denied 72 N.Y.2d 1043).

A review of the record reveals that defendant was not deprived of effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137, 146-147). Defendant has failed to preserve for our review his contention that the court erred in accepting his guilty plea (see, CPL 470.05), and we decline to review that issue in the interest of justice (see, People v Pellegrino, 60 N.Y.2d 636; People v Moore, 150 A.D.2d 807, lv denied 74 N.Y.2d 815). Moreover, defendant's narration of the facts forming the basis of the crime pleaded neither casts material doubt upon his guilt nor draws into question the voluntary character of his plea (see, People v Lopez, 71 N.Y.2d 662, 666).


Summaries of

People v. Pierce

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 584 (N.Y. App. Div. 1991)
Case details for

People v. Pierce

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHAN PIERCE…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 584 (N.Y. App. Div. 1991)
572 N.Y.S.2d 248

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