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People v. Choi

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1991
172 A.D.2d 389 (N.Y. App. Div. 1991)

Opinion

April 23, 1991

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant asserts on appeal that the plea was not sufficiently supported by a factual basis and that the Court failed to specifically inform him of each of his Boykin rights (Boykin v Alabama, 395 U.S. 238). We disagree.

Review of the plea allocution shows that the plea was knowing and voluntary (People v. Harris, 61 N.Y.2d 9; see, People v Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067), and that there was a sufficient factual basis to support the plea (People v. La Porte, 41 A.D.2d 863). The validity of a plea does not hinge on a catechismic recital of rights, but on whether the plea as a whole was knowing and voluntary (People v. Harris, supra).

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Kassal, JJ.


Summaries of

People v. Choi

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1991
172 A.D.2d 389 (N.Y. App. Div. 1991)
Case details for

People v. Choi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SUN CHOI, Appellant

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

Date published: Apr 23, 1991

Citations

172 A.D.2d 389 (N.Y. App. Div. 1991)
568 N.Y.S.2d 768