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People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 431 (N.Y. App. Div. 1996)

Opinion

January 18, 1996

Appeal from the Supreme Court, Bronx County (William Donnino, J.).


The trial court properly determined, after due inquiry, that defendant's display of a loaded handgun to "scare * * * off" others was a menacing action constituting the crime of criminal possession of a weapon in the second degree under Penal Law § 265.03. The record indicates that defendant entered a knowing, intelligent and voluntary guilty plea that included an express waiver of his right to appeal the conviction ( see, People v Seaberg, 74 N.Y.2d 1). Despite extended colloquy on the subject of intent, defendant at no time suggested that his display of the gun was in self-defense or otherwise justified. Thus, in light of the colloquy and defendant's failure to move for withdrawal of the plea or vacatur of the conviction, his current claim that the plea court should have divined the possibility that defendant might have acted defensively is not preserved ( see, People v Lopez, 71 N.Y.2d 662).

Concur — Rosenberger, J.P., Wallach, Rubin, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Bennett

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 431 (N.Y. App. Div. 1996)
Case details for

People v. Bennett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON BENNETT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 18, 1996

Citations

223 A.D.2d 431 (N.Y. App. Div. 1996)
637 N.Y.S.2d 7

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