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People v. Larry B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 989 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Adjudication of Jefferson County Court, Clary, J. — Youthful Offender.

PRESENT: PINE, J. P., WISNER, BALIO AND LAWTON, JJ.


Adjudication unanimously affirmed.

Memorandum:

By failing to move to withdraw his plea or vacate the adjudication, defendant has failed to preserve for our review his contention that the plea allocution with respect to the charge of coercion in the first degree (Penal Law § 135.65) was inadequate ( see, People v. Lopez, 71 N.Y.2d 662, 665). This case does not qualify for the narrow exception to the preservation doctrine because defendant's plea allocution did not cast significant doubt on defendant's guilt or otherwise call into question the voluntariness of the plea ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, supra, at 666). In any event, County Court conducted "further inquiry to ensure that defendant underst[ood] the nature of the charge and that the plea [was] intelligently entered" ( People v. Lopez, supra, at 666).


Summaries of

People v. Larry B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 989 (N.Y. App. Div. 2000)
Case details for

People v. Larry B

Case Details

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

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 989 (N.Y. App. Div. 2000)
716 N.Y.S.2d 343

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