AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DUNLOP, Appellant.

Ordered that the judgment is affirmed.

We reject the defendant's contention that his plea of guilty was not knowingly, intelligently, and voluntarily entered because the Supreme Court failed to conduct a sufficient inquiry to determine whether he was aware that he possessed the potential defenses of extreme emotional disturbance (Penal Law § 125.25 [a]) and justification (Penal Law § 35.15 [a]). Contrary to the defendant's contention, his factual recitation of his commission of the crimes did not indicate that these defenses were viable. Thus, the Supreme Court was not required to make a further inquiry ( see, People v. Lopez, 71 N.Y.2d 662; People v Brewley, 211 A.D.2d 805).

We further reject the defendant's contention that the court should not have denied his motion to withdraw his plea without conducting a further inquiry. The defendant was afforded a reasonable opportunity to present his contentions ( see, People v Fiumefreddo, 82 N.Y.2d 536), and the record does not support his contentions that he was coerced into taking the plea or that trial counsel was inadequate. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. DUNLOP
(Jun 24, 1996)