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. DEREK JOHNSON, Appellant.

Defendant contends that his negotiated plea of guilty, which resolved three pending criminal matters against him, should be set aside because the allocution attendant to the plea of guilty did not contain a recital of facts sufficient to sustain a conviction for the crime confessed.

Since defendant has failed to raise this issue by a motion to vacate or otherwise in the court of first instance, this allegation of error has not been preserved for review (see People v. Warren, 47 N.Y.2d 740; People v. Hurlburt, 97 A.D.2d 618). In any event, a plea given as a result of plea bargaining need not contain a factual basis for the particular crime confessed ( People v Clairborne, 29 N.Y.2d 950).

The sentence imposed by County Court was not an abuse of discretion and thus will not be disturbed by this court ( People v. Miller, 74 A.D.2d 961).

Judgment affirmed. Kane, J.P., Main, Casey, Weiss and Mikoll, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. JOHNSON
(Jan 24, 1985)