From Casetext: Smarter Legal Research

People v. Trapp

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 916 (N.Y. App. Div. 2005)

Opinion

KA 03-01492.

February 4, 2005.

Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered October 26, 2001. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Present: Green, J.P., Scudder, Martoche, Smith and Lawton, JJ.


Memorandum:

Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the first degree (Penal Law § 160.15). Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the plea allocution was factually insufficient because County Court failed to obtain a waiver of the defense of mental disease or defect. Nothing in the plea allocution raised the possibility of that defense ( cf. People v. Lopez, 71 NY2d 662, 666-668; People v. Costanza, 244 AD2d 988, 989) and, indeed, defendant specifically denied that he had any mental disability that would affect his ability to enter a voluntary plea of guilty. We therefore conclude that defendant's contention does not fall within the rare case exception to the preservation rule ( see Lopez, 71 NY2d at 666). The sentence is not unduly harsh or severe.


Summaries of

People v. Trapp

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 2005
15 A.D.3d 916 (N.Y. App. Div. 2005)
Case details for

People v. Trapp

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID P. TRAPP…

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

Date published: Feb 4, 2005

Citations

15 A.D.3d 916 (N.Y. App. Div. 2005)
788 N.Y.S.2d 774

Citing Cases

Trapp v. Poole

The Appellate Division denied those claims and affirmed Petitioner's conviction. People v. Trapp, 15 A.D.3d…

People v. Masterson

The record establishes that defendant "receive[d] an advantageous plea and nothing in the record casts doubt…