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. TREVOR NIGHTINGALE, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the issue of the sufficiency of his plea allocution (see, People v Lopez, 71 N.Y.2d 662; People v Horn, 161 A.D.2d 492; People v Hladky, 158 A.D.2d 616, 618). Even if we were to find that the defendant's claim falls within the narrow exception to the preservation rule (see, People v Lopez, supra, at 667; People v Thomas, 159 A.D.2d 529, 530), reversal would not be required. Subsequent to the defendant's statement at the sentencing proceeding that he had killed the victim while under extreme emotional distress and that he did not intend to kill her, the court recessed to allow the defendant to confer with his attorney. When the proceedings resumed the court made several inquiries regarding the defendant's state of mind at the time of the stabbing to which the defendant responded by explaining that he did not "plan" to kill the victim but that once they got into an argument and he began stabbing her, he intended to kill her (see, People v Lopez, supra; People v Horn, supra; People v Kalwasinski, 160 A.D.2d 732). Accordingly, we find no basis for reversal of the defendant's conviction and vacatur of his plea. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. NIGHTINGALE
(Mar 23, 1992)