People v. Rizzo
| Decision Date | 06 March 2007 |
| Docket Number | 2002-05414 |
| Citation | 832 N.Y.S.2d 586,38 A.D.3d 571,2007 NY Slip Op 01899 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD RIZZO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
Although the defendant claims that the court erred in accepting his guilty plea without conducting a sufficient inquiry into whether it was induced by promises outside of the plea agreement (see People v McConnell, 49 NY2d 340, 346 [1980]; People v Sharlow, 12 AD3d 724, 725 [2004]), this claim was not preserved for appellate review (see People v Clarke, 93 NY2d 904, 905 [1999]). Nor is the rare case exception to the preservation requirement applicable herein, because the factual recitation did not "clearly cast[] significant doubt upon the defendant's guilt or otherwise call[] into question the voluntariness of the plea" (People v Lopez, 71 NY2d 662, 666 [1988]; see People v Green, 242 AD2d 541, 541 [1997]). The court made sufficient inquiry of the defendant to ensure that the plea was knowingly, voluntarily, and intelligently made (see People v Mead, 27 AD3d 767, 767-768 [2006]).
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