Legal Opinion

People v. Smith

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

Decided November 18, 1992PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s recitation of the facts did not cast significant doubt upon his guilt of criminal sale of a controlled substance or otherwise call into question the voluntariness of his plea. Because the plea allocution did not support the availability of an agency defense, the court was under no duty to make further inquiry before accepting the plea (see, People v Lopez, 71 NY2d 662, 666; People v Harris, 186 AD2d 677; People v Mateo, 168 AD2d 639, lv denied 77 NY2d 880; People v Gaither, 153 AD2d 587, 588, lv denied 74 NY2d 896). Further, the plea…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. GaitherAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. MateoAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. WintersAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1997

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