People v. Bartlett

Appellate Division of the Supreme Court of New York

People v. Bartlett

289 A.D.2d 1024, 735 N.Y.S.2d 450, 2001 N.Y. App. Div. LEXIS 12655

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

DecidedDecember 21, 2001

StatusPublished

This text of 289 A.D.2d 1024 (People v. Bartlett) 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. Bartlett, 289 A.D.2d 1024, 735 N.Y.S.2d 450, 2001 N.Y. App. Div. LEXIS 12655 (N.Y. Ct. App. 2001).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his plea of guilty to two counts of sexual misconduct (Penal Law § 130.20 [1]) without conducting a sufficient factual colloquy. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, he failed to preserve that contention for our review (see, People v Lopez, 71 NY2d 662, 665; People v White, 214 AD2d 811, 812, lv denied 86 NY2d 742). In any event, defendant’s contention lacks merit. “[I]t is not necessary that a defendant admit guilt when entering an Alford plea provided the plea is informed and intelligent” (People v White, supra, at 812; see, North Carolina v Alford, 400 US 25, 37). Here, the court reviewed the consequences of the plea with defendant, who indicated that he was acting voluntarily after a complete discussion of the matter with defense counsel. The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Misconduct.) Present — Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his plea of guilty to two counts of sexual misconduct (Penal Law § 130.20 [1]) without conducting a sufficient factual colloquy. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, he failed to preserve that contention for our review (see, People v Lopez, 71 NY2d 662, 665; People v White, 214 AD2d 811, 812, lv denied 86 NY2d 742). In any event, defendant’s contention lacks merit. “[I]t is not necessary that a defendant admit guilt when entering an Alford plea provided the plea is informed and intelligent” (People v White, supra, at 812; see, North Carolina v Alford, 400 US 25, 37). Here, the court reviewed the consequences of the plea with defendant, who indicated that he was acting voluntarily after a complete discussion of the matter with defense counsel. The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Misconduct.) Present — Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

289 A.D.2d 1024, 735 N.Y.S.2d 450, 2001 N.Y. App. Div. LEXIS 12655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bartlett-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack