People v. Dubose

Appellate Division of the Supreme Court of New York

People v. Dubose

158 A.D.2d 337, 551 N.Y.S.2d 25, 1990 N.Y. App. Div. LEXIS 1359

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

DecidedFebruary 13, 1990

StatusPublished

This text of 158 A.D.2d 337 (People v. Dubose) 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. Dubose, 158 A.D.2d 337, 551 N.Y.S.2d 25, 1990 N.Y. App. Div. LEXIS 1359 (N.Y. Ct. App. 1990).

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Opinion

Defendant’s argument concerning his incapacity because of age to plead guilty to a violent felony charge is without merit. This claim was not preserved as a matter of law for appellate review by this court (CPL 470.05 [2]). Moreover, Penal Law § 30.00 (1) defines an infant as a person less than 16 years old.

An analysis of a plea allocution of a juvenile involves the "totality of the circumstances” approach where the age of the youthful criminal suspect is but one of many factors in determining the voluntariness of a waiver of constitutional rights (People v Boykins, 81 AD2d 922). Here, the record supports the conclusion that appellant’s plea was a knowing and involuntary waiver of his constitutional rights.

We have reviewed the remainder of the appellant’s contentions and find them to be without merit. Concur—Kupferman, J. P., Asch, Milonas, Wallach and Rubin, JJ.

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Defendant’s argument concerning his incapacity because of age to plead guilty to a violent felony charge is without merit. This claim was not preserved as a matter of law for appellate review by this court (CPL 470.05 [2]). Moreover, Penal Law § 30.00 (1) defines an infant as a person less than 16 years old.

An analysis of a plea allocution of a juvenile involves the "totality of the circumstances” approach where the age of the youthful criminal suspect is but one of many factors in determining the voluntariness of a waiver of constitutional rights (People v Boykins, 81 AD2d 922). Here, the record supports the conclusion that appellant’s plea was a knowing and involuntary waiver of his constitutional rights.

We have reviewed the remainder of the appellant’s contentions and find them to be without merit. Concur—Kupferman, J. P., Asch, Milonas, Wallach and Rubin, JJ.

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Bluebook (online)

158 A.D.2d 337, 551 N.Y.S.2d 25, 1990 N.Y. App. Div. LEXIS 1359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dubose-nyappdiv-1990.

Opinion

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