From Casetext: Smarter Legal Research

People v. Lugo

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 320 (N.Y. App. Div. 1990)

Opinion

December 13, 1990

Appeal from the Supreme Court, New York County, Thomas B. Galligan, J., Edward McLaughlin, J.


Defendant and an accomplice negotiated the sale of five kilograms of cocaine with a reliable Drug Enforcement Agency informant in a Bronx apartment. When the cocaine was brought to the undercover agent's car, the undercover gave an "arrest signal", whereupon the defendant and his accomplice were apprehended on the roof of the building. Twenty minutes later the informant viewed the defendant, his accomplice and the drug courier to confirm the part each played in the transaction. We agree with the hearing court that there was probable cause to arrest the defendant (People v. Amoateng, 141 A.D.2d 398, lv denied 73 N.Y.2d 852). With regard to the claimed deficiencies in the defendant's plea, the issue was not preserved for review (People v. Mayers, 74 N.Y.2d 931). In any event, a plea is not rendered invalid merely because the Trial Judge does not enumerate all the rights to which the defendant is entitled or elicit a list of detailed waivers before accepting the plea. (People v. Harris, 61 N.Y.2d 9, 16.)

Concur — Carro, J.P., Asch, Kassal and Smith, JJ.


Summaries of

People v. Lugo

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 320 (N.Y. App. Div. 1990)
Case details for

People v. Lugo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO LUGO…

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

Date published: Dec 13, 1990

Citations

168 A.D.2d 320 (N.Y. App. Div. 1990)
562 N.Y.S.2d 654

Citing Cases

People v. Ramirez

Furthermore, "a plea is not rendered invalid merely because the Trial Judge does not enumerate all the rights…

People v. Ramirez

Furthermore, “a plea is not rendered invalid merely because the Trial Judge does not enumerate all the rights…