From Casetext: Smarter Legal Research

People v. Pineiro

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 547 (N.Y. App. Div. 1990)

Opinion

January 18, 1990

Appeal from the Supreme Court, Bronx County (Joseph Cohen, J.).


The defendant did not move before the imposition of sentence to withdraw his plea, and therefore has not preserved for appellate review his challenge to the sufficiency of the plea allocution. (People v. Pellegrino, 60 N.Y.2d 636.) Nor is reversal warranted in the interest of justice. The defendant contends that his plea allocution did not elicit facts that would constitute a basis for a reckless endangerment conviction. However, the defendant, upon his allocution, admitted driving in a reckless manner — operating his vehicle at 70 miles per hour in a 25-mile-per-hour zone — with disregard for pedestrians who walk the city streets, and that his actions created a dangerous risk of harm to human life.

Concur — Kupferman, J.P., Asch, Milonas, Wallach and Rubin, JJ.


Summaries of

People v. Pineiro

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 547 (N.Y. App. Div. 1990)
Case details for

People v. Pineiro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ANGEL PINEIRO…

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

Date published: Jan 18, 1990

Citations

157 A.D.2d 547 (N.Y. App. Div. 1990)
549 N.Y.S.2d 731