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People v. Rickenbacker

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 982 (N.Y. App. Div. 1985)

Opinion

November 18, 1985

Appeal from the Supreme Court, Kings County (Meyerson, J.).


Judgment affirmed.

Defendant's contention that his previous felony conviction was tainted because of the court's failure to specifically apprise him of his waiver of his right to remain silent during his plea allocution, so that the court is now precluded from adjudicating him a second offender, is without merit. Defendant was represented by counsel throughout the previous proceeding, had experience with the criminal justice system dating back several years (including a previous plea bargain), and clearly understood the consequences of entering his guilty plea (see, People v Harris, 61 N.Y.2d 9). Defendant's claim is further undermined by his failure to allege any prejudice as a result of the purportedly defective allocution (see, People v Nixon, 21 N.Y.2d 338, 355-356, cert denied sub nom. Robinson v New York, 393 U.S. 1067), and the court finds no basis to invoke its interest of justice jurisdiction. Mollen, P.J., Thompson, Brown and Lawrence, JJ., concur.


Summaries of

People v. Rickenbacker

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 982 (N.Y. App. Div. 1985)
Case details for

People v. Rickenbacker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RICKENBACKER…

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

Date published: Nov 18, 1985

Citations

114 A.D.2d 982 (N.Y. App. Div. 1985)