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People v. Greer

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 1051 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Jefferson County Court, Clary, J. — Assault, 2nd Degree.

PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, BALIO AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05). On appeal, he contends that his plea allocution was inadequate because he raised a possible justification defense and County Court failed to conduct a sufficient inquiry to ensure that the plea was knowing and voluntary ( see, People v. Lopez, 71 N.Y.2d 662, 666-667). We disagree. The record establishes that, when defendant made statements that raised the possibility of a justification defense, the court advised defendant that he had the right to present a justification defense at trial, and properly conducted a sufficient further inquiry to ensure that the plea was knowing and voluntary ( see, People v. Lopez, supra, at 667-668).


Summaries of

People v. Greer

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 1051 (N.Y. App. Div. 2000)
Case details for

People v. Greer

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JERRY GREER…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 1051 (N.Y. App. Div. 2000)
716 N.Y.S.2d 177

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