People v. Kenny

Appellate Division of the Supreme Court of New York

People v. Kenny

143 A.D.2d 945, 533 N.Y.S.2d 694, 1988 N.Y. App. Div. LEXIS 10307

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

DecidedOctober 24, 1988

StatusPublished

Cited by1 cases

This text of 143 A.D.2d 945 (People v. Kenny) 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. Kenny, 143 A.D.2d 945, 533 N.Y.S.2d 694, 1988 N.Y. App. Div. LEXIS 10307 (N.Y. Ct. App. 1988).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered August 3, 1983, convicting him of attempted reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his challenges to the voluntariness of his guilty plea (see, People v Pellegrino, 60 NY2d 636; People v Carlos, 140 AD2d 532). In any event, the record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 NY2d 9).

[946]*946Furthermore, the defendant’s plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 NY2d 97; People v Clairborne, 29 NY2d 950; People v Riley, 120 AD2d 752). Hence, we reject his claim that the factual recitation of the offense was insufficient to support his plea. Mangano, J. P., Bracken, Fiber, Spatt and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kellam, J.), rendered August 3, 1983, convicting him of attempted reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his challenges to the voluntariness of his guilty plea (see, People v Pellegrino, 60 NY2d 636; People v Carlos, 140 AD2d 532). In any event, the record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 NY2d 9).

[946]*946Furthermore, the defendant’s plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 NY2d 97; People v Clairborne, 29 NY2d 950; People v Riley, 120 AD2d 752). Hence, we reject his claim that the factual recitation of the offense was insufficient to support his plea. Mangano, J. P., Bracken, Fiber, Spatt and Sullivan, JJ., concur.

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Bluebook (online)

143 A.D.2d 945, 533 N.Y.S.2d 694, 1988 N.Y. App. Div. LEXIS 10307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kenny-nyappdiv-1988.

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