People v Morales

People v Morales 2012 NY Slip Op 07061 Decided on October 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 23, 2012
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
1152/09 8343

[*1]8342-The People of the State of New York, Respondent, 07653C/09

v

Isaac Morales, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Avi Springer of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay
of counsel), for respondent.

Judgments, Supreme Court, Bronx County (John N. Byrne, J. at pleas; Steven W. Paynter, J. at sentencing), rendered August 11, 2009, convicting defendant of failing to register or verify registration information under the Sex Offender Registration Act and menacing in the second degree, and sentencing him to an aggregate term of one year, unanimously affirmed.

Nothing in the statements of defendant or his counsel at the plea, at an intervening court appearance, or at sentencing, cast doubt on defendant's guilt, negated any element of the crimes or amounted to a plea withdrawal application. As such, the court was under no obligation to make any further inquiry (see People v Toxey, 86 NY2d 725 [1995]; People v Lopez, 71 NY2d 662, 666 [1988]). Nor does the alleged ambiguity in the factual allocution require reversal, as it does not suggest that the plea was improvident or baseless, or undermine the voluntariness of the plea (see People v Seeber, 4 NY3d 780, 781 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 23, 2012

CLERK