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People v. Monroe

140 A.D.2d 378, 528 N.Y.S.2d 83, 1988 N.Y. App. Div. LEXIS 4642
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 2, 1988
StatusPublished

This text of 140 A.D.2d 378 (People v. Monroe) 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. Monroe, 140 A.D.2d 378, 528 N.Y.S.2d 83, 1988 N.Y. App. Div. LEXIS 4642 (N.Y. Ct. App. 1988).

Opinion

The defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review (People v Pellegrino, 60 NY2d 636; People v Banks, 117 AD2d 611, lv denied 67 NY2d 939). Moreover, a defendant who accepts a bargained-for plea to a lesser offense, as here, forfeits his right to challenge the factual basis for the plea (see, People v Pelchat, 62 NY2d 97, 108; People v Foster, 19 NY2d 150, 151). Consequently, we reject the defendant’s contention that the factual recitation of the crime was insufficient to support his guilty plea (see, People v Riley, 120 AD2d 752), which was entered after a knowing, voluntary and intelligent waiver of his constitutional rights (People v Harris, 61 NY2d 9). Mangano, J. P., Kunzeman, Rubin and Harwood, JJ., concur.

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Related

People v. Foster
225 N.E.2d 200 (New York Court of Appeals, 1967)
People v. Pellegrino
454 N.E.2d 938 (New York Court of Appeals, 1983)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Pelchat
464 N.E.2d 447 (New York Court of Appeals, 1984)
In re Padilla
493 N.E.2d 943 (New York Court of Appeals, 1986)
People v. Banks
117 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 1986)
People v. Riley
120 A.D.2d 752 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
140 A.D.2d 378, 528 N.Y.S.2d 83, 1988 N.Y. App. Div. LEXIS 4642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-monroe-nyappdiv-1988.