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People v. Melendez

Appellate Term of the Supreme Court of New York, First Department
May 5, 2004
2004 N.Y. Slip Op. 50421 (N.Y. Sup. Ct. 2004)

Opinion

570471/02.

Decided May 5, 2004.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered March 1, 2002 (Suzanne M. Mondo, J.) convicting him, upon a plea of guilty, of falsely reporting an incident in the third degree (Penal Law § 240.50), and imposing sentence.

Judgment of conviction rendered March 1, 2002 (Suzanne M. Mondo, J.) affirmed.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.


Defendant's present challenges to the validity of his guilty plea are unpreserved ( see, People v. Lopez, 71 NY2d 662), and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis to vacate defendant's guilty plea. Defendant's utterances, viewed in their entirety, cast no significant doubt on either the voluntariness of his plea or on his guilt ( see, People v. Toxey, 86 NY2d 725). To the extent defendant equivocated during the plea allocution, "the court made a sufficient inquiry and defendant's responses establish that he understood the nature of the charge and knowingly pleaded guilty to it." ( People v. Pink, 265 AD2d 191.) The existing record does not establish that the plea was the result of ineffective assistance of counsel or coercion by the court.

This constitutes the decision and order of the court.


Summaries of

People v. Melendez

Appellate Term of the Supreme Court of New York, First Department
May 5, 2004
2004 N.Y. Slip Op. 50421 (N.Y. Sup. Ct. 2004)
Case details for

People v. Melendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MELENDEZ…

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

Date published: May 5, 2004

Citations

2004 N.Y. Slip Op. 50421 (N.Y. Sup. Ct. 2004)