Legal Opinion

People v. Porter

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

Decided May 23, 2012Published

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered November 29, 2010, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not knowing, voluntary, and intelligent because the County Court did not specifically inform him of the availability of an affirmative defense to robbery in the first degree is unpreserved for appellate review (see People v Toxey, 86 NY2d 725, 726 [1995]; People v McCallum, 84 AD3d 1117, 1118…

2Cases cited13 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. FiumefreddoNew York Court of Appeals · 1993
  3. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BrownNew York Court of Appeals · 1978
  5. People v. EvansNew York Court of Appeals · 2011

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