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People v. Nerys

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1992
181 A.D.2d 921 (N.Y. App. Div. 1992)

Opinion

March 30, 1992

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the police had probable cause to arrest her. It is well settled that a police officer may arrest a person without a warrant when he has probable cause to believe that that person has committed a crime (see, People v Johnson, 66 N.Y.2d 398, 402; People v Rodriguez, 168 A.D.2d 520). Here, the information leading to the defendant's arrest was provided by the codefendant Elizabeth Menard and corroborated by independent police investigation. Although the codefendant stated that she did not know the defendant's name, she described the defendant in a sworn statement to the police, and identified her from a photographic array. This evidence, viewed in conjunction with the independent police investigation, was sufficient to provide the police with probable cause (see, People v Johnson, supra, at 402-403; People v Rodriguez, supra, at 521).

The defendant additionally contends that the court should not have accepted her plea. The defendant failed to preserve this issue for appellate review since she did not move to withdraw the plea in the court of first instance (see, People v Mackey, 77 N.Y.2d 846). In any event, we find that the County Court properly accepted the defendant's plea. The factual admissions made by the defendant during her plea allocution were sufficient to establish the elements of the crimes to which she pleaded guilty (see, Penal Law § 125.25; § 140.30). Moreover, the defendant pleaded guilty after a complete and detailed allocution, during which she expressed satisfaction with her attorney, and was fully apprised of the consequences of her plea (see, People v Lopez, 71 N.Y.2d 662, 668).

We note that, as part of her plea agreement, the defendant waived her right to contest the length of her sentence (see, People v Seaberg, 74 N.Y.2d 1). Mangano, P.J., Thompson, Bracken and Pizzuto, JJ., concur.


Summaries of

People v. Nerys

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1992
181 A.D.2d 921 (N.Y. App. Div. 1992)
Case details for

People v. Nerys

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRIS NERYS, Appellant

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

Date published: Mar 30, 1992

Citations

181 A.D.2d 921 (N.Y. App. Div. 1992)
581 N.Y.S.2d 847

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