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People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 980 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Doerr, J.P., Denman, Boomer, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The court properly accepted defendant's plea of guilty to one count of burglary in the second degree in full satisfaction of the indictment. Contrary to defendant's contention, his recitation of the events underlying the crime did not indicate that his level of intoxication negated the essential element of intent (cf., People v. Benton, 143 A.D.2d 526; People v. Tomaino, 134 A.D.2d 859). Consequently, there was no duty upon the court to make further inquiry prior to accepting defendant's guilty plea (see, People v. Lopez, 71 N.Y.2d 662, 666; People v. Beasley, 25 N.Y.2d 483). Finally, we reject defendant's claim that the sentence imposed was unduly harsh and excessive (see, People v. Farrar, 52 N.Y.2d 302, 305; People v. Martinez, 124 A.D.2d 505, 506).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 980 (N.Y. App. Div. 1989)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH P. SMITH…

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 980 (N.Y. App. Div. 1989)
539 N.Y.S.2d 216

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