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People v. Kenny

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 945 (N.Y. App. Div. 1988)

Opinion

October 24, 1988

Appeal from the Supreme Court, Queens County (Kellam, J.).


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his challenges to the voluntariness of his guilty plea (see, People v Pellegrino, 60 N.Y.2d 636; People v Carlos, 140 A.D.2d 532). In any event, the record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 N.Y.2d 9).

Furthermore, the defendant's plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 N.Y.2d 97; People v Clairborne, 29 N.Y.2d 950; People v Riley, 120 A.D.2d 752). Hence, we reject his claim that the factual recitation of the offense was insufficient to support his plea. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Kenny

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 945 (N.Y. App. Div. 1988)
Case details for

People v. Kenny

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS F. KENNY…

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

Date published: Oct 24, 1988

Citations

143 A.D.2d 945 (N.Y. App. Div. 1988)

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