People v. Greer

Appellate Division of the Supreme Court of New York

People v. Greer

277 A.D.2d 1051, 716 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 11458

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

DecidedNovember 13, 2000

StatusPublished

Cited by1 cases

This text of 277 A.D.2d 1051 (People v. Greer) 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. Greer, 277 A.D.2d 1051, 716 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 11458 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [4]). On appeal, he contends that his plea allocution was inadequate because he raised a possible justification defense and County Court failed to conduct a sufficient inquiry to ensure that the plea was knowing and voluntary (see, People v Lopez, 71 NY2d 662, 666-667). We disagree. The record establishes that, when defendant made statements that raised the possibility of a justification defense, the court advised defendant that he had the right to present a justification defense at trial, and properly conducted a sufficient further inquiry to ensure that the plea was knowing and voluntary (see, People v Lopez, supra, at 667-668). (Appeal from Judgment of Jefferson County Court, Clary, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Hayes, Hurlbutt, Balio and Lawton, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [4]). On appeal, he contends that his plea allocution was inadequate because he raised a possible justification defense and County Court failed to conduct a sufficient inquiry to ensure that the plea was knowing and voluntary (see, People v Lopez, 71 NY2d 662, 666-667). We disagree. The record establishes that, when defendant made statements that raised the possibility of a justification defense, the court advised defendant that he had the right to present a justification defense at trial, and properly conducted a sufficient further inquiry to ensure that the plea was knowing and voluntary (see, People v Lopez, supra, at 667-668). (Appeal from Judgment of Jefferson County Court, Clary, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Hayes, Hurlbutt, Balio and Lawton, JJ.

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Bluebook (online)

277 A.D.2d 1051, 716 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 11458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greer-nyappdiv-2000.

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