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People v. Waller

Supreme Court, Appellate Division, First Department, New York.
Dec 3, 2015
134 A.D.3d 448 (N.Y. App. Div. 2015)

Opinion

12-03-2015

The PEOPLE of the State of New York, Respondent, v. Christian WALLER, also known as Christopher Waller, Defendant–Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.


Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.

Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered July 19, 2012, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him to a term of one to three years, unanimously affirmed.

Defendant did not preserve his challenge to his plea allocution, which does not come within the narrow exception to the preservation requirement (see People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013]; see also People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995] ), and we decline to review it in the interest of justice. As an alternate holding, we find that the plea was knowing, intelligent and voluntary. In his allocution, defendant expressly admitted to all the elements of burglary, and said nothing that cast doubt on his guilt. Accordingly, the plea court had no obligation to elaborate on the concept of unlawful entry or remaining in premises generally open to the public.

FRIEDMAN, J.P., RENWICK, SAXE, KAPNICK, JJ., concur.


Summaries of

People v. Waller

Supreme Court, Appellate Division, First Department, New York.
Dec 3, 2015
134 A.D.3d 448 (N.Y. App. Div. 2015)
Case details for

People v. Waller

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Christian WALLER, also…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Dec 3, 2015

Citations

134 A.D.3d 448 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 8936
19 N.Y.S.3d 746