Legal Opinion

People v. Smith

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

Decided March 10, 1989PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The court properly accepted defendant’s plea of guilty to one count of burglary in the second degree in full satisfaction of the indictment. Contrary to defendant’s contention, his recitation of the events underlying the crime did not indicate that his level of intoxication negated the essential element of intent (cf., People v Benton, 143 AD2d 526; People v Tomaino, 134 AD2d 859). Consequently, there was no duty upon the court to make further inquiry prior to accepting defendant’s guilty plea (see, People v Lopez, 71 NY2d 662, 666; People v Beasley,…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. FarrarNew York Court of Appeals · 1981
  3. People v. BeasleyNew York Court of Appeals · 1969
  4. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. TomainoAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by1 opinion

  1. People v. SmallwoodAppellate Division of the Supreme Court of the State of New York · 1990

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