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People v. Riley

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 752 (N.Y. App. Div. 1986)

Opinion

May 27, 1986

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Judgment affirmed.

The record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 N.Y.2d 9). Criminal Term did not abuse its discretion in denying the defendant's motion to withdraw his plea inasmuch as the record does not support the defendant's claim that his plea was coerced, nor does it provide any other ground for withdrawal of his plea (see, People v Ramos, 63 N.Y.2d 640, 642-643). Contrary to his contention, the record reveals that the defendant entered his plea after numerous discussions with competent counsel. The defendant admitted that these discussions included advice as to his possible defenses.

Lastly, we note that a defendant who accepts a bargained-for plea forfeits his right to challenge the factual basis for the plea (see, People v Pelchat, 62 N.Y.2d 97, 108; People v Clairborne, 29 N.Y.2d 950, 951). Accordingly, we reject the defendant's argument that the factual recitation of the underlying crime was insufficient to support his plea. Mollen, P.J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. Riley

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 752 (N.Y. App. Div. 1986)
Case details for

People v. Riley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RILEY, Appellant

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

Date published: May 27, 1986

Citations

120 A.D.2d 752 (N.Y. App. Div. 1986)

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