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People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1984
100 A.D.2d 857 (N.Y. App. Div. 1984)

Opinion

April 2, 1984


Appeal by defendant from two judgments of the Supreme Court, Kings County (Lombardo, J.), both rendered March 15, 1982, convicting him of robbery in the first degree and attempted robbery in the second degree, upon his pleas of guilty, and imposing sentences. ¶ Judgments affirmed. ¶ The defendant did not raise his objections to the adequacy of the plea allocutions to the court of first instance and thus failed, as a matter of law, to preserve his claim for appellate review (see People v Pellegrino, 60 N.Y.2d 636; People v Pascale, 48 N.Y.2d 997; People v McKenzie, 88 A.D.2d 646). ¶ In any event, the absence of a complete factual recitation of the underlying facts does not require automatic reversal of the convictions as it appears from the record that the pleas were entered both knowingly and voluntarily, and with competent assistance of counsel (see People v Harris, 61 N.Y.2d 9, 16-17; People v Moore, 91 A.D.2d 1050). There is no indication that the guilty pleas were improvidently based, nor does defendant assert his innocence as to either conviction. These facts do not require reversal of the convictions in the interest of justice. Titone, J.P., O'Connor, Brown and Eiber, JJ., concur.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1984
100 A.D.2d 857 (N.Y. App. Div. 1984)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE SANTIAGO…

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

Date published: Apr 2, 1984

Citations

100 A.D.2d 857 (N.Y. App. Div. 1984)

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