People v. Brown

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Brown, 592 N.Y.S.2d 245, 188 A.D.2d 414 (N.Y. App. Div. 1992)
• Decision Date: 22 December 1992
• Parties: The PEOPLE of the State of New York, Respondent, v. Thomas BROWN, Defendant-Appellant.

Page 245

592 N.Y.S.2d 245

188 A.D.2d 414

The PEOPLE of the State of New York, Respondent, v. Thomas BROWN, Defendant-Appellant.

Supreme Court of New York, Appellate Division First Department.

December 22, 1992

Prior Report: 169 A.D.2d 377, 563 N.Y.S.2d 415. Judgment, Supreme Court, New York County (Allen, Alpert, J.), rendered November 29, 1990, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed. Defendant's argument on appeal that his plea allocution failed to establish a voluntary waiver of his constitutional rights and failed to establish the elements of the crime to which he was pleading beyond a reasonable doubt is unpreserved for review as a matter of law since defendant never moved to withdraw the plea (People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5), and we decline to review in the interest of justice. Were we to review, we would find defendant's arguments to be without merit, defendant having admitting at the plea that he entered an office building in which...