People v. Elias

Appellate Division of the Supreme Court of New York

People v. Elias

161 A.D.2d 531, 558 N.Y.S.2d 834, 1990 N.Y. App. Div. LEXIS 6518

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

DecidedMay 29, 1990

StatusPublished

This text of 161 A.D.2d 531 (People v. Elias) 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. Elias, 161 A.D.2d 531, 558 N.Y.S.2d 834, 1990 N.Y. App. Div. LEXIS 6518 (N.Y. Ct. App. 1990).

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Opinion

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered on June 15, 1988, convicting defendant upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25) and sentencing him, as a persistent violent felony offender, to an indeterminate term of imprisonment of from eight years to life, unanimously affirmed.

The defendant did not move to withdraw his plea prior to the imposition of sentence or to vacate the judgment of conviction and, therefore, has not preserved his challenge to the sufficiency of the plea allocution for appellate review as a matter of law. (People v Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636.)

Were we to consider defendant’s challenge to the plea allocution in the interest of justice, we would nonetheless affirm, finding that contention to be without merit, since the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea,, and that he made a sufficient factual allocution with respect to his entry of the premises. (Boykin v Alabama, 395 US 238, 242; People v [532]*532Harris, 61 NY2d 9, 17.) Concur—Sullivan, J. P., Ross, Kassal, Ellerin and Wallach, JJ.

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—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered on June 15, 1988, convicting defendant upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25) and sentencing him, as a persistent violent felony offender, to an indeterminate term of imprisonment of from eight years to life, unanimously affirmed.

The defendant did not move to withdraw his plea prior to the imposition of sentence or to vacate the judgment of conviction and, therefore, has not preserved his challenge to the sufficiency of the plea allocution for appellate review as a matter of law. (People v Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636.)

Were we to consider defendant’s challenge to the plea allocution in the interest of justice, we would nonetheless affirm, finding that contention to be without merit, since the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea,, and that he made a sufficient factual allocution with respect to his entry of the premises. (Boykin v Alabama, 395 US 238, 242; People v [532]*532Harris, 61 NY2d 9, 17.) Concur—Sullivan, J. P., Ross, Kassal, Ellerin and Wallach, JJ.

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Bluebook (online)

161 A.D.2d 531, 558 N.Y.S.2d 834, 1990 N.Y. App. Div. LEXIS 6518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-elias-nyappdiv-1990.

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