People v. Parra

Appellate Division of the Supreme Court of New York

People v. Parra

262 A.D.2d 170, 690 N.Y.S.2d 449, 1999 N.Y. App. Div. LEXIS 6750

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

DecidedJune 17, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 170 (People v. Parra) 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. Parra, 262 A.D.2d 170, 690 N.Y.S.2d 449, 1999 N.Y. App. Div. LEXIS 6750 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered December 17, 1997, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

Since defendant did not move to withdraw his plea or to vacate the judgment, and since this case does not come within the narrow exception to the preservation requirement (see, [171]*171People v Lopez, 71 NY2d 662; People v Ntiamoah, 247 AD2d 248, lv denied 91 NY2d 975), his challenge to the voluntariness of his plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant’s plea was knowing, intelligent, and voluntary, and that nothing in defendant’s statement at sentencing required any inquiry, sua sponte, by the court (see, People v Bruno, 147 AD2d 490; see also, People v Ntiamoah, supra). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered December 17, 1997, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed.

Since defendant did not move to withdraw his plea or to vacate the judgment, and since this case does not come within the narrow exception to the preservation requirement (see, [171]*171People v Lopez, 71 NY2d 662; People v Ntiamoah, 247 AD2d 248, lv denied 91 NY2d 975), his challenge to the voluntariness of his plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant’s plea was knowing, intelligent, and voluntary, and that nothing in defendant’s statement at sentencing required any inquiry, sua sponte, by the court (see, People v Bruno, 147 AD2d 490; see also, People v Ntiamoah, supra). Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.

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Bluebook (online)

262 A.D.2d 170, 690 N.Y.S.2d 449, 1999 N.Y. App. Div. LEXIS 6750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parra-nyappdiv-1999.

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