Legal Opinion

People v. Burke

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

Decided November 9, 2001PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea of guilty to burglary in the first degree (Penal Law § 140.30 [2]) or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not voluntarily, intelligently or knowingly *876entered (see, People v Lopez, 71 NY2d 662, 665; People v Dejesus, 248 AD2d 1023, Iv denied 92 NY2d 879). In any event, that contention is without merit. Contrary to defendant’s contention, there is no requirement that defendant personally recite the facts underlying the crime (see,…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. KinchAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. EveryAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. People v. ShumwayAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. SchellAppellate Division of the Supreme Court of the State of New York · 2002

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