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People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 488 (N.Y. App. Div. 1990)

Opinion

January 11, 1990

Appeal from the Supreme Court, Bronx County, Lawrence Bernstein, J.


We reject defendant's claim that he was entitled to a predicate felony hearing pursuant to CPL 400.21 (7). He alleged that he was not aware that his acts constituted a crime or of the consequences of entering a plea, and that he was experiencing pain in his arm at the time of the plea. The sentencing court reviewed the plea minutes of defendant's predicate felony conviction and found no factual basis for the alleged constitutional challenge to the conviction. Those minutes reflect defendant's acknowledgment of his unlawful conduct in breaking into complainant's premises and acknowledgment of the consequences of his plea, i.e., rights waived as a result thereof. Defendant's guilty plea is not rendered invalid merely because a court upon taking the plea does not specifically enumerate all the rights to which he is entitled and which he may be relinquishing, or because all of the elements of the crime are not described with particularity (People v. Moore, 130 A.D.2d 375, 376 [1st Dept 1987], affd 71 N.Y.2d 1002). In any event, no such deficiency exists here. Thus, defendant's allegations did not even raise a constitutional claim (People v. Moore, 71 N.Y.2d, supra, at 1005).

Additionally, the claim that he suffered great pain during the plea allocution on the predicate felony similarly lacks factual support in the record. Defendant has not even presented a claim that the plea was involuntarily obtained because of the pain (see, People v. Frett, 79 A.D.2d 991 [2d Dept 1981]).

Last, we reject the claim that defendant's sentence was excessive. We find no abuse of discretion to warrant a reduction.

Concur — Murphy, P.J., Sullivan, Carro and Rosenberger, JJ.


Summaries of

People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 488 (N.Y. App. Div. 1990)
Case details for

People v. Quinones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN QUINONES…

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

Date published: Jan 11, 1990

Citations

157 A.D.2d 488 (N.Y. App. Div. 1990)
549 N.Y.S.2d 676