People v. Schweitzer

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered April 11, 2007, convicting defendant, upon his plea of guilty, of leaving the scene of an accident without reporting, and sentencing him to a $1,000 fine, unanimously affirmed.

We agree with defendant that his plea allocution was defective, and that the exception to the preservation requirement discussed in People v Lopez (71 NY2d 662, 666 [1988]) applies. Viewed as a whole, the allocution does not establish that defendant understood he was admitting that, at the time he left the scene, he knew or had reason to know that…