Legal Opinion
People v. Phelps
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1988PublishedCited by 7 opinions
1Opinion of the Court
The defendant’s challenge to the adequacy of his plea allocution has not been preserved for appellate review because the defendant did not move to vacate his guilty plea prior to sentencing (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636). In any event, the defendant’s challenge is without merit. It is well established that a guilty plea can be accepted in the absence of a defendant’s personal recitation of all the elements of the charged crime when there is no suggestion on the record that the plea was improvident or baseless (see, People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson…
2Cases cited5 opinions
- People v. PellegrinoNew York Court of Appeals · 1983
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. NixonNew York Court of Appeals · 1967
- People v. LanghornAppellate Division of the Supreme Court of the State of New York · 1986
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- People v. DuffAppellate Division of the Supreme Court of the State of New York · 1990
- People v. O'KeefeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. CorbinAppellate Division of the Supreme Court of the State of New York · 1991
- People v. FehrAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1995
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