People v. Brundage

Damiani, J. P.,

dissents and votes to affirm the judgment of conviction, with the following memorandum: The majority relies on People v Serrano (15 NY2d 304) and People v McDougle (67 AD2d 989) for its holding that the plea interposed by the defendant herein to the crime of robbery in the second degree (i.e., “aided by another person actually present” [see Penal Law, § 160.10, subd 1]) was invalid due to (1) defendant’s failure to admit in the initial phase of his plea allocution that the named codefendant Harris, or any other named individual was present at the time of the crime and (2) the…