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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 855 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

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


Ordered that the judgments are affirmed.

Criminal Term properly accepted the defendant's guilty pleas. The defendant was fully advised of his rights prior to the entry of his guilty pleas and he was afforded an adequate opportunity to consult with counsel. Moreover, there is no general requirement that a court inquire into a defendant's possible affirmative defenses unless something on the record specifically indicates that an affirmative defense may exist. (see, People v McAllister, 114 A.D.2d 910, 911). Based on the record herein, we conclude that Criminal Term was not obligated to inquire into the possible affirmative defense now suggested by counsel. Accordingly, vacatur of the defendant's pleas is not required. Mollen, P.J., Bracken, Lawrence and Sullivan, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 855 (N.Y. App. Div. 1987)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL SUARO MARTINEZ…

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

Date published: Feb 23, 1987

Citations

127 A.D.2d 855 (N.Y. App. Div. 1987)

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