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People v. Avila

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 541 (N.Y. App. Div. 2000)

Opinion

Submitted March 1, 2000.

April 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered April 30, 1998, convicting him of burglary in the second degree, criminal possession of stolen property in the fifth degree, and resisting arrest, upon his plea of guilty, and imposing sentence.

Dale A. Black-Pennington, Forest Hills, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicoletta J. Caferri of counsel; Lorrie A. Zinno on the brief), for respondent.

CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that his plea was not knowingly and intelligently entered because no interpreter was present at the plea proceedings is unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636 ). In any event, a review of the plea minutes reveals that the defendant fully understood his plea, and that it was knowingly, intelligently, and voluntarily entered (see, People v. Harris, 61 N.Y.2d 9 ). Insofar as we are able to review the defendant's claim of ineffective assistance of counsel, we find it to be without merit (see, People v. Hayes, 186 A.D.2d 268 ).


Summaries of

People v. Avila

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 541 (N.Y. App. Div. 2000)
Case details for

People v. Avila

Case Details

Full title:The People, etc., respondent, v. John Avila, a/k/a Juan Gomez, appellant…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 541 (N.Y. App. Div. 2000)
706 N.Y.S.2d 355

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