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People v. Stacks

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 714 (N.Y. App. Div. 1987)

Opinion

February 9, 1987

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgment is affirmed.

We find no merit to the defendant's contention, raised for the first time on appeal, that the judgment should be modified by reducing the conviction to attempted burglary in the third degree, as a result of the insufficient factual recitation during the plea proceeding. "[T]he mere fact that defendant's allocution did not establish the essential elements of the crime to which he pleaded guilty [is] not, in itself, fatal with regard to the propriety of the plea" (see, People v. Wedgewood, 106 A.D.2d 674, 676). Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.


Summaries of

People v. Stacks

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 714 (N.Y. App. Div. 1987)
Case details for

People v. Stacks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUENTIN STACKS…

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

Date published: Feb 9, 1987

Citations

127 A.D.2d 714 (N.Y. App. Div. 1987)