People v. Anaya

Appellate Division of the Supreme Court of New York

People v. Anaya

8 A.D.3d 33, 777 N.Y.S.2d 636, 2004 N.Y. App. Div. LEXIS 7577

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 2004

StatusPublished

Cited by3 cases

This text of 8 A.D.3d 33 (People v. Anaya) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Anaya, 8 A.D.3d 33, 777 N.Y.S.2d 636, 2004 N.Y. App. Div. LEXIS 7577 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 25, 2001, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Since defendant’s motion to withdraw his plea was made on different grounds, his claim that his plea was rendered involuntary by the court’s failure to inquire about the affirmative defense to felony murder contained in Penal Law § 125.25 (3) is unpreserved (People v Townsend, 257 AD2d 458 [1999]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant’s plea was knowing, intelligent and voluntary, and that nothing in the record of the plea proceeding raised the possibility of the affirmative defense (see People v Toxey, 86 NY2d 725 [1995]). Concur—Nardelli, J.P., Saxe, Williams, Friedman and Sweeny, JJ.

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Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 25, 2001, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Since defendant’s motion to withdraw his plea was made on different grounds, his claim that his plea was rendered involuntary by the court’s failure to inquire about the affirmative defense to felony murder contained in Penal Law § 125.25 (3) is unpreserved (People v Townsend, 257 AD2d 458 [1999]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant’s plea was knowing, intelligent and voluntary, and that nothing in the record of the plea proceeding raised the possibility of the affirmative defense (see People v Toxey, 86 NY2d 725 [1995]). Concur—Nardelli, J.P., Saxe, Williams, Friedman and Sweeny, JJ.

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Bluebook (online)

8 A.D.3d 33, 777 N.Y.S.2d 636, 2004 N.Y. App. Div. LEXIS 7577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anaya-nyappdiv-2004.

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