From Casetext: Smarter Legal Research

People v. Dexter

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 648 (N.Y. App. Div. 1987)

Opinion

December 14, 1987

Appeal from the County Court, Suffolk County (Copertino, J.).


Ordered that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution has not been preserved for appellate review since the defendant never moved to vacate the plea before the court of first instance (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, the absence of a complete factual recitation of the underlying facts does not require reversal of the conviction where, as here, the record plainly establishes that the defendant knowingly and intelligently pleaded guilty, following discussions with counsel (see, People v Santiago, 100 A.D.2d 857). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Dexter

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 648 (N.Y. App. Div. 1987)
Case details for

People v. Dexter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS P. DEXTER…

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

Date published: Dec 14, 1987

Citations

135 A.D.2d 648 (N.Y. App. Div. 1987)

Citing Cases

People v. Guerrero

The defendant failed to move to withdraw his plea of guilty before the court of first instance. Therefore,…

People v. D'Amico

) A plea means "the occasion upon which a defendant enters such a plea to an accusatory instrument" (CPL…