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People v. Maida

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 711 (N.Y. App. Div. 1989)

Opinion

February 27, 1989

Appeal from the County Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed.

Having failed to raise any objections to the adequacy of his plea allocution in the court of first instance, the defendant failed to preserve this claim for appellate review as a matter of law (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, we find that the court was not required to conduct further inquiry as to the defendant's state of mind at the time of the crime or as to the existence of a potential defense of intoxication. The defendant's admissions at the plea allocution clearly indicated that his acts were intentional and sufficiently established that the defendant knew "exactly what he was doing" when he committed the crime to which he was pleading guilty (see, People v Santana, 110 A.D.2d 789, lv dismissed 67 N.Y.2d 656; People v Paterno, 141 A.D.2d 771; see also, People v Williams, 132 A.D.2d 634).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Maida

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1989
147 A.D.2d 711 (N.Y. App. Div. 1989)
Case details for

People v. Maida

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MAIDA, Appellant

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

Date published: Feb 27, 1989

Citations

147 A.D.2d 711 (N.Y. App. Div. 1989)

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