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People v. Lotze

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 834 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

Appeal from the Supreme Court, Richmond County (Barlow, J.).


Judgment affirmed.

The defendant did not raise his objections to the adequacy of the plea allocutions in the court of first instance and thus failed as a matter of law, to preserve his claim for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636; People v Willie, 101 A.D.2d 819). In any event, defendant's contention, inter alia, that his belated assertion of a justification defense undermined the integrity of his conviction, is without merit. Upon hearing the defendant utter the words "self defense" the court asked defendant's attorney if there was any viability to the defense and promptly offered the defendant an opportunity to withdraw his plea of guilty. After consulting with the defendant's parents, both the defendant and his attorney told the court that the defendant did not wish to withdraw the guilty plea, and sentence was imposed. These facts do not warrant a reversal of the conviction in the interest of justice. Rather, the record before us demonstrates that the defendant's plea was knowingly and voluntarily entered ( People v. Harris, 61 N.Y.2d 9). Thompson, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Lotze

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 834 (N.Y. App. Div. 1985)
Case details for

People v. Lotze

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC LOTZE, Appellant

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 834 (N.Y. App. Div. 1985)

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