People v. Warren

• Decision Date: 26 April 1979
• Citation: 390 N.E.2d 1175,417 N.Y.S.2d 251,47 N.Y.2d 740
• Parties: , 390 N.E.2d 1175 The PEOPLE of the State of New York, Respondent, v. Richard A. WARREN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 251

417 N.Y.S.2d 251

47 N.Y.2d 740, 390 N.E.2d 1175

The PEOPLE of the State of New York, Respondent, v.Richard A. WARREN, Appellant.

Court of Appeals of New York.

April 26, 1979.

Thomas J. Neidl, Albany, for appellant.

Sol Greenberg, Dist. Atty. (George H. Barber, Albany, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division should be affirmed.

The defendant, following an extensive on-the-record colloquy between his counsel, the defendant and the Trial Judge regarding the details of the robbery in which the defendant articulated the factual details of the crime charged in the indictment, pleaded guilty to the charge of robbery third degree.He now claims that his plea should be vacated because, as he now belatedly asserts, the elements of the crime were not clearly spelled in the statements made to the court at the time he entered his plea, a claim which he raised for the first time at the Appellate Division.Not having raised the issue by motion to vacate or otherwise in the court of first instance, no error has been preserved for review (...