People v. Reyes

247 A.D.2d 639, 669 N.Y.S.2d 238, 1998 N.Y. App. Div. LEXIS 1709
Appellate Division of the Supreme Court of the State of New York·Decided February 23, 1998·Published·Cited by 6 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered March 16, 1995, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s contention that her plea of guilty was not knowingly and voluntarily entered because the Supreme Court failed to conduct a sufficient inquiry to determine whether she was aware that she possessed a potential justification defense. Contrary to the defendant’s contention, there is no indication in the record that justification could have been a viable defense. Thus, the Supreme Court was not required to make a further inquiry (see, People v Lopez, 71 NY2d 662, 668; People v Brewley, 211 AD2d 805; People v Carter, 187 AD2d 666; People v Rivera, 180 AD2d 767).

Because the defendant pleaded guilty with the understanding that she would receive the sentence actually imposed, she now has no basis to complain that the sentence was excessive (see, People v Williams, 189 AD2d 910; People v Kazepis, 101 AD2d 816).

The defendant’s remaining contention is without merit.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Reyes, 247 A.D.2d 639, 669 N.Y.S.2d 238, 1998 N.Y. App. Div. LEXIS 1709 (N.Y. Ct. App. 1998).

247 A.D.2d 639 (People v. Reyes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

MANOR, TYRONE D., PEOPLE v
Appellate Division of the Supreme Court of New York, 2014
People v. Manor
121 A.D.3d 1581 (Appellate Division of the Supreme Court of New York, 2014)
People v. Spickerman
307 A.D.2d 774 (Appellate Division of the Supreme Court of New York, 2003)
People v. Simmons
298 A.D.2d 468 (Appellate Division of the Supreme Court of New York, 2002)
People v. Mastridge
295 A.D.2d 626 (Appellate Division of the Supreme Court of New York, 2002)