People v. Bruington

Appellate Division of the Supreme Court of New York

People v. Bruington

186 A.D.2d 504, 589 N.Y.S.2d 419, 1992 N.Y. App. Div. LEXIS 12347

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

DecidedOctober 29, 1992

StatusPublished

Cited by2 cases

This text of 186 A.D.2d 504 (People v. Bruington) 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. Bruington, 186 A.D.2d 504, 589 N.Y.S.2d 419, 1992 N.Y. App. Div. LEXIS 12347 (N.Y. Ct. App. 1992).

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Opinion

— Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered June 20, 1990, convicting defendant, upon his plea of guilty of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of SVi to 7 years, unanimously affirmed.

Since defendant did not seek to withdraw the plea at sentence, his present claim that the plea should be vacated in the interest of justice is not preserved (People v Pellegrino, 60 NY2d 636). In any event, it is not necessary that a defendant admit guilt to enter a plea, provided the plea is informed and intelligent (North Carolina v Alford, 400 US 25, 37; People v Friedman, 39 NY2d 463, 466). Such was the case here, it being clear that defendant entered the plea in order to avoid conviction on a greater charge. Concur — Milonas, J. P., Rosenberger, Ellerin and Rubin, JJ.

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— Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered June 20, 1990, convicting defendant, upon his plea of guilty of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of SVi to 7 years, unanimously affirmed.

Since defendant did not seek to withdraw the plea at sentence, his present claim that the plea should be vacated in the interest of justice is not preserved (People v Pellegrino, 60 NY2d 636). In any event, it is not necessary that a defendant admit guilt to enter a plea, provided the plea is informed and intelligent (North Carolina v Alford, 400 US 25, 37; People v Friedman, 39 NY2d 463, 466). Such was the case here, it being clear that defendant entered the plea in order to avoid conviction on a greater charge. Concur — Milonas, J. P., Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 504, 589 N.Y.S.2d 419, 1992 N.Y. App. Div. LEXIS 12347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bruington-nyappdiv-1992.

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