People v. Martella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered October 24, 1985, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The County Court made proper inquiry to ensure that the defendant’s waiver, inter alia, of his right to raise the defense of intoxication was knowingly, voluntarily and intelligently made (see, People v Serrano, 15 NY2d 304). Moreover, the defendant may not here challenge the factual basis for his plea (People v Riley, 120 AD2d 752).…
2Cases cited4 opinions
- People v. BrownNew York Court of Appeals · 1978
- People v. SerranoNew York Court of Appeals · 1965
- People v. PascaleNew York Court of Appeals · 1980
- People v. RileyAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by2 opinions
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. DewberryAppellate Division of the Supreme Court of the State of New York · 1993