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People of N.Y. v. Rizzo

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2007
38 A.D.3d 571 (N.Y. App. Div. 2007)

Opinion

No. 2002-05414, (Ind. No. 191-2002).

March 6, 2007.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered June 5, 2002, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Laura Solinger, Cutchogue, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

Before: Crane, J.P., Santucci, Florio, Dillon and Balkin, JJ.


Ordered that the judgment is affirmed.

Although the defendant claims that the court erred in accepting his guilty plea without conducting a sufficient inquiry into whether it was induced by promises outside of the plea agreement ( see People v McConnell, 49 NY2d 340, 346; People v Sharlow, 12 AD3d 724, 725), this claim was not preserved for appellate review ( see People v Clarke, 93 NY2d 904, 905). Nor is the rare case exception to the preservation requirement applicable herein, because the factual recitation did not "clearly cast significant doubt upon the defendant's guilt or otherwise call into question the voluntariness of the plea" ( People v Lopez, 71 NY2d 662, 666; see People v Green, 242 AD2d 541, 541). The court made sufficient inquiry of the defendant to ensure that the plea was knowingly, voluntarily, and intelligently made ( see People v Mead, 27 AD3d 767, 767-768).


Summaries of

People of N.Y. v. Rizzo

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2007
38 A.D.3d 571 (N.Y. App. Div. 2007)
Case details for

People of N.Y. v. Rizzo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD RIZZO…

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

Date published: Mar 6, 2007

Citations

38 A.D.3d 571 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1899
832 N.Y.S.2d 586

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