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People v. Rookwood

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 70 (N.Y. App. Div. 1999)

Opinion

June 8, 1999.

Appeal from the Supreme Court, Bronx County (Nicholas Iacovetta, J.).


Defendant's claim that the court erroneously accepted his guilty plea without conducting an appropriate inquiry into his possible intoxication defense is unpreserved for appellate review because he failed to move to either withdraw the plea or vacate the conviction and he does not fall within the narrow exception to the preservation doctrine ( see, People v. Lopez, 71 N.Y.2d 662, 666). In any event, the court made a suitable inquiry when an intoxication defense was suggested during the allocution, and nothing in the allocution casts doubt on defendant's guilt or the voluntariness of his plea.

Concur — Williams, J.P., Wallach, Andrias and Friedman, JJ.


Summaries of

People v. Rookwood

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1999
262 A.D.2d 70 (N.Y. App. Div. 1999)
Case details for

People v. Rookwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER ROOKWOOD…

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

Date published: Jun 8, 1999

Citations

262 A.D.2d 70 (N.Y. App. Div. 1999)
689 N.Y.S.2d 634