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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 767 (N.Y. App. Div. 1992)

Opinion

February 18, 1992

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not err in accepting his plea of guilty to manslaughter in the first degree. The record demonstrates that the defendant pleaded guilty after a complete plea allocution, during which he expressed satisfaction with his attorney, and was fully apprised of the consequences of his plea (see, People v. Harris, 61 N.Y.2d 9). Moreover, nothing in the defendant's recitation of his commission of the crime, or in the other facts known about the killing, indicated that justification could have been a realistic defense. Accordingly, the trial court was not required to make a further inquiry (see, People v. Lopez, 71 N.Y.2d 662, 668; see also, People v. Orr, 144 A.D.2d 391; People v. Barton, 103 A.D.2d 750).

The defendant's further claim of ineffective assistance of counsel is based on matters outside of the record, and is therefore not reviewable on direct appeal (see, People v. Nunez, 177 A.D.2d 656). Sullivan, J.P., Eiber, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 1992
180 A.D.2d 767 (N.Y. App. Div. 1992)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RIVERA, Appellant

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

Date published: Feb 18, 1992

Citations

180 A.D.2d 767 (N.Y. App. Div. 1992)
580 N.Y.S.2d 80

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