From Casetext: Smarter Legal Research

People v. Holt

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 644 (N.Y. App. Div. 1991)

Opinion

May 20, 1991

Appeal from the County Court, Duchess County (Hillery, J.).


Ordered that the judgment is affirmed.

The defendant entered a plea of guilty to attempted assault in the first degree in satisfaction of the four counts in the indictment. The defendant claims that three of the counts, including the attempted assault count, were jurisdictionally defective for failure to allege facts stating a crime. We disagree.

Here, the challenged counts of the indictment track the language of the pertinent provisions of the Penal Law and allege that the defendant committed acts constituting every material element of the crimes charged (see, People v Iannone, 45 N.Y.2d 589, 600; CPL 200.50). By pleading guilty, the defendant forfeited her right to appellate review of her claim concerning the lack of factual detail in the indictment (see, People v Pollay, 145 A.D.2d 972).

Additionally, we note that the defendant did not raise her objection to the adequacy of her plea allocution in the court of first instance and thus she has failed to preserve this claim for appellate review as a matter of law (see, People v Lopez, 71 N.Y.2d 662, 665). In any event, the guilty plea was entered into knowingly, voluntarily, and with an understanding of the consequences (see, People v Brown, 114 A.D.2d 1036).

We have reviewed the defendant's remaining contentions and find them to be without merit. Kooper, J.P., Harwood, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Holt

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 644 (N.Y. App. Div. 1991)
Case details for

People v. Holt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA RUTH HOLT…

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

Date published: May 20, 1991

Citations

173 A.D.2d 644 (N.Y. App. Div. 1991)

Citing Cases

People v. Oswold

any event, "the plea allocution as a whole establishes that ‘defendant understood the charges and made an…

People v. Howington

Defendant's challenge to the legal sufficiency of the evidence before the grand jury does not survive the…