People v. Stacks

• Citation: 127 A.D.2d 714,511 N.Y.S.2d 692
• Parties: The PEOPLE, etc., Respondent, v. Quentin STACKS, Appellant.
• Decision Date: 09 February 1987
• Court: New York Supreme Court Appellate Division

Page 692

511 N.Y.S.2d 692

127 A.D.2d 714

The PEOPLE, etc., Respondent, v. Quentin STACKS, Appellant.

Supreme Court, Appellate Division,

Second Department.

Feb. 9, 1987.

Philip L. Weinstein, New York City (Lisabeth Harrison, of counsel), for appellant.

John J. Santucci, Dist. Atty., Kew Gardens (Gary F. Miret, of counsel), for respondent.

Before MANGANO, J.P., and BROWN, RUBIN and EIBER, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 29, 1983, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

We find no merit to the defendant's contention, raised for the first time on appeal, that the judgment should be modified by reducing the conviction to attempted burglary in the third degree, as a result of the insufficient factual recitation during the plea proceeding. "[T]he mere fact that defendant's allocution did not establish the essential elements of the crime to which he pleaded guilty [is] not, in itself, fatal with regard to the propriety of the plea" (see, People v. Wedgewood, 106 A.D.2d 674, 676, 483 N.Y.S.2d 440).