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People v. Langhorn

Document Cited authorities 7 Cited in 17 Precedent Map Related
Vincent
Decision Date30 April 1986
Citation119 A.D.2d 844,501 N.Y.S.2d 470
PartiesThe PEOPLE, etc., Respondent, v. Anthony LANGHORN, Appellant.
CourtNew York Supreme Court — Appellate Division

Page 470

501 N.Y.S.2d 470

119 A.D.2d 844

The PEOPLE, etc., Respondent, v. Anthony LANGHORN, Appellant.

Supreme Court, Appellate Division Second Department.

April 30, 1986.

Matthew Muraskin, Mineola (Michael J. Obus and Kenneth Rabb, of counsel), for appellant.

Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese and Marea M. Suozzi, of counsel), for respondent.

Before MANGANO, J.P., and GIBBONS, WEINSTEIN, EIBER and SPATT, JJ.

MEMORANDUM BY THE COURT.

On the court's own motion, its decision slip and order, both dated April 21, 1986, are recalled and vacated and the following decision slip is substituted:

"Appeal by the defendant from a judgment of the County Court, Nassau County (Winick, J.), rendered May 31, 1984, convicting him of robbery in the first degree (six counts), and criminal use of a firearm in the first degree, upon his plea of guilty, and imposing sentence.

"Judgment affirmed.

"By failing to make a motion to the court of first instance to withdraw his plea or vacate his conviction, the defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Santiago, 100 A.D.2d 857, 473 N.Y.S.2d 1007). Nor is reversal warranted in the interest of justice. It is well settled that a guilty plea can be accepted in the absence of a defendant's personal recitation of all the elements of the crime charged when there is no suggestion on record that the plea is improvident or baseless (People v. Nixon, 21 N.Y.2d 338, 350, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Demonde, 111 A.D.2d 867, 490 N.Y.S.2d 267; People v. Moore, 91 A.D.2d 1050, 458 N.Y.S.2d 649). The mere fact that a defendant's allocution does 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. It has been recognized that a defendant, pursuant to a plea-bargaining agreement, may plead guilty to a crime for which there is no factual basis inasmuch as he may wish to avoid the risk of conviction upon a trial of the more serious crime charged in the indictment (People v. Wedgewood, 106 A.D.2d 674, 676, 483 N.Y.S.2d 440).

"In the instant case, the defendant heard a recitation of the prosecution's evidence against him and was afforded the opportunity to present his version of the...

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14 cases
  • People v. Dewer
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Octubre 1997
    ... ... In any event, the fact that the plea allocution did not establish every element of the second count of assault in the second degree (see, People v. Moore, 71 N.Y.2d 1002, 1005, 530 N.Y.S.2d 94, 525 N.E.2d 740; People v. Everett, 146 A.D.2d 950, 536 N.Y.S.2d 911; People v. Langhorn, 119 A.D.2d 844, 501 N.Y.S.2d 470, lv. denied 68 N.Y.2d 758, 506 N.Y.S.2d 1046, 497 N.E.2d 716) or defendant's inability to recall the events completely (see, People v. Hali-Mizrahi, 238 A.D.2d ... 627, 655 N.Y.S.2d 697) did not negate the propriety of defendant's plea ... ...
  • People v. Price
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Marzo 1987
    ... ... Francis, 38 N.Y.2d 150, 379 N.Y.S.2d 21, 341 N.E.2d 540; People v. Foster, 19 N.Y.2d 150, 278 N.Y.S.2d 603, 225 N.E.2d 200; People v. Serrano, 15 N.Y.2d 304, 258 N.Y.S.2d 386, 206 N.E.2d 330; People v. Langhorn, 119 A.D.2d 844, 501 N.Y.S.2d 470) ...         We have considered the defendant's remaining contentions and ... ...
  • People v. Thompson
    • United States
    • New York Supreme Court — Appellate Division
    • 17 Octubre 1988
    ... ... Nixon, 21 N.Y.2d 338, 350, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709; People v. Dixon, 119 A.D.2d 831, 501 N.Y.S.2d 457; People v. Langhorn, 119 A.D.2d 844, 501 N.Y.S.2d 470, lv denied 68 N.Y.2d 758, 506 N.Y.S.2d 1046, 497 N.E.2d 716) ...         We have reviewed the issues raised by ... ...
  • People v. Robideau
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Octubre 1987
    ... ... Martinez, 125 A.D.2d 829, 510 N.Y.S.2d 31). In any event, our review of the record confirms that the plea was knowingly and intelligently made with the advice of counsel and not improvident under the circumstances (see, People v. Langhorn, 119 A.D.2d 844, 501 N.Y.S.2d 470, lv. denied 68 N.Y.2d 758, 506 N.Y.S.2d 1046, 497 N.E.2d 716; People v. Taliaferro, 109 A.D.2d 943, 945, 486 N.Y.S.2d 432; cf., People v. Maye, 129 A.D.2d 204, 517 N.Y.S.2d 330 [1987] ). As we said in People v. Maye (supra ), we note our disapproval of County ... ...
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