People v. Sutter

Appellate Division of the Supreme Court of New York

People v. Sutter

186 A.D.2d 351, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11005

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

DecidedOctober 1, 1992

StatusPublished

Cited by1 cases

This text of 186 A.D.2d 351 (People v. Sutter) 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. Sutter, 186 A.D.2d 351, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11005 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Judgment, Supreme Court, Bronx County (William H. Wallace, III, J.), rendered November 20, 1990, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of imprisonment of 5 to 10 years, unanimously affirmed.

Defendant’s contention that the factual recitation of his plea was deficient is not preserved for appellate review (People v Lopez, 71 NY2d 662), and we decline to reach it. If we were to reach the issue in the interest of justice, we would find that defendant’s allocution, taken as a whole, raised no significant doubts concerning his intent to rob the victim. In any event, the record shows that the plea was entered knowingly and voluntarily with the assistance of competent counsel (People v Harris, 61 NY2d 9, 19), and that defendant was afforded a reasonable opportunity to present his contentions to the court in his oral representations and pro se motion to withdraw the plea (see, People v Frederick, 45 NY2d 520, 524-525).

We have considered defendant’s remaining claims and find them to be without merit. Concur — Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

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

— Judgment, Supreme Court, Bronx County (William H. Wallace, III, J.), rendered November 20, 1990, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of imprisonment of 5 to 10 years, unanimously affirmed.

Defendant’s contention that the factual recitation of his plea was deficient is not preserved for appellate review (People v Lopez, 71 NY2d 662), and we decline to reach it. If we were to reach the issue in the interest of justice, we would find that defendant’s allocution, taken as a whole, raised no significant doubts concerning his intent to rob the victim. In any event, the record shows that the plea was entered knowingly and voluntarily with the assistance of competent counsel (People v Harris, 61 NY2d 9, 19), and that defendant was afforded a reasonable opportunity to present his contentions to the court in his oral representations and pro se motion to withdraw the plea (see, People v Frederick, 45 NY2d 520, 524-525).

We have considered defendant’s remaining claims and find them to be without merit. Concur — Sullivan, J. P., Milonas, Ellerin and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

186 A.D.2d 351, 588 N.Y.S.2d 771, 1992 N.Y. App. Div. LEXIS 11005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sutter-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack