Legal Opinion

People v. Modesto

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

Decided October 29, 1984PublishedCited by 1 opinion

1Opinion of the Court

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered May 31, 1983, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

On the record presented, we find that the defendant made inculpatory statements after the proper administration oí Miranda warnings. Therefore, the hearing court properly denied defendant’s motion to suppress the statements.

Defendant did not move to withdraw his plea at the allocution or at sentencing. Having failed to raise any objections to the adequacy of the plea allocution…

2Cases cited3 opinions

  1. People v. PellegrinoNew York Court of Appeals · 1983
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by1 opinion

  1. People v. TraynorAppellate Division of the Supreme Court of the State of New York · 1985

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