People v. Diallo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant claims that, at the time of the plea allocution, the court was obligated to ask defendant if he understood he was giving up any psychiatric defense. Initially we note that defendant has not moved to withdraw his guilty plea. Moreover, this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 [1988]), because there was nothing in the plea allocution that cast doubt on defendant’s guilt or raised any defense, psychiatric or otherwise. Accordingly, this claim is unpreserved and we decline to review it in the interest of justice.
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. LopezNew York Court of Appeals · 1988
- People v. TaranovichNew York Court of Appeals · 1975
- People v. RamosNew York Court of Appeals · 2006
- People v. FialloAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by9 opinions
- People v. HartAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ValdezAppellate Division of the Supreme Court of the State of New York · 2016
- HART, PARIS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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