Legal Opinion

People v. Smith

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

Decided August 21, 2007PublishedCited by 11 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered January 6, 2005, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

*475The defendant’s contention that his plea of guilty was not voluntary or knowing because the Supreme Court failed to make further inquiry when his allocution raised the possibility of the existence of an affirmative defense to the crime of robbery in the first degree (see Penal Law § 160.15 [4]) is unpreserved for appellate review since the defendant…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. SandsonAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. GehyAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by11 opinions

  1. People v. KellyAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. RufaAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. McNairAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. InfanteAppellate Division of the Supreme Court of the State of New York · 2010
  5. ODLE, MIKEL R., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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