People v. Negron, 222 A.D.2d 327 (N.Y. App. Div. 1995). · Go Syfert
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People v. Negron, 222 A.D.2d 327 (N.Y. App. Div. 1995). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2011–2021 · …did not reiterate those statements at his plea allocution at p. 327 ✓
25 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Minaya-Rodriguez (nyappdiv, 2021-10-19) · Strongest negative: People v. Diaz-Hernandez (nyappdiv, 2018-11-29)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "but see" People v. Diaz-Hernandez
N.Y. App. Div. · 2018 · signal: but see · confidence high
Nevertheless, we find that, under the circumstances presented, this was one of those rare cases where "the court's attention should have been instantly drawn to the problem, and the salutary purpose of the preservation rule [was] arguably not jeopardized" ( People v Lopez , 71 NY2d 662, 666 [1988]; but see People v Negron , 222 AD2d 327, 327 [1995], lv denied 88 NY2d 882 [1996]).
discussed Cited as authority (rule) People v. Minaya-Rodriguez
N.Y. App. Div. · 2021 · confidence medium
While defendant made a number of comments suggesting that he did not know that the package he was carrying when arrested contained a controlled substance, he made these assertions at an earlier call of the calendar and "did not reiterate those statements at his plea allocution" ( People v Negron , 222 AD2d 327, 327 [1st Dept 1995], lv denied 88 NY2d 882 [1996]).
discussed Cited as authority (rule) People v. Minaya-Rodriguez
N.Y. App. Div. · 2021 · confidence medium
While defendant made a number of comments suggesting that he did not know that the package he was carrying when arrested contained a controlled substance, he made these assertions at an earlier call of the calendar and "did not reiterate those statements at his plea allocution" ( People v Negron , 222 AD2d 327, 327 [1st Dept 1995], lv denied 88 NY2d 882 [1996]).
discussed Cited as authority (rule) People v. Martorell
N.Y. App. Div. · 2011 · confidence medium
The court’s duty to inquire was not triggered by statements defendant made to the police that may have suggested a possible justification defense, since defendant “did not reiterate those statements at his plea allocution” (People v Negron, 222 AD2d 327, 327 [1995], lv denied 88 NY2d 882 [1996]).
discussed Cited "see" People v. Goldstein
N.Y. App. Div. · 2001 · signal: see · confidence high
As such, the present challenge to the purported infirmity of the plea allocution on the basis that the court had failed to make further inquiry into a possible defense of intoxication is unpreserved for review as a matter of law (People v Dugger, 161 AD2d 283 , lv denied 76 NY2d 855 ; see, People v Negron, 222 AD2d 327 , lv denied 88 NY2d 882 ).
discussed Cited "see, e.g." People v. Ntiamoah
N.Y. App. Div. · 1998 · signal: see also · confidence low
Defendant’s homicidal intent could be readily inferred from his factual allocution (People v McGowen, 42 NY2d 905 ) and his statements to the Probation Department and at sentencing did not require the court to conduct a further inquiry sua sponte (see, People v Toxey, 86 NY2d 725 ; see also, People v Negron, 222 AD2d 327 , lv denied 88 NY2d 882 ).
cited Cited "see, e.g." People v. Rivera
N.Y. App. Div. · 1997 · signal: see also · confidence low
This case does not present the "rare” exception to the preservation rule (People v Lopez, 71 NY2d 662, 666 ; see also, People v Negron, 222 AD2d 327 , lv denied 88 NY2d 882 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Luis Negron
Appellate Division of the Supreme Court of the State of New York.
Dec 21, 1995.
222 A.D.2d 327
1995 N.Y. App. Div. LEXIS 13331
Cited by 25 opinions  |  Published

—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 23, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 19 years to life, unanimously affirmed.

Defendant’s claim that his plea allocution was insufficient because the court failed to inquire about a possible justification defense is unpreserved for appellate review as a matter of law, since defendant neither moved to withdraw the plea before sentencing on such ground nor to vacate the judgment of conviction (People v Toxey, 86 NY2d 725, affg 202 AD2d 330). The narrow exception to the preservation rule explained in People v Lopez (71 NY2d 662, 666) does not apply, since in neither the allocution nor the motion to withdraw the plea did defendant indicate that he fired the shots at the group of men because he feared that they were about to attack him and his friends, or otherwise say anything to cast "significant doubt” upon his guilt (People v Toxey, supra). It is of no moment that the plea court was aware that defendant’s post arrest statements raised a justification defense, since defendant did not reiterate those statements at his plea allocution.

[*328] Defendant’s contention that the court erred in summarily denying his pro se motion to withdraw the plea without appointing new counsel and conducting a hearing to determine whether the plea was the result of coercion by counsel is not preserved for appellate review (CPL 470.05 [2]; see, People v Campbell, 200 AD2d 364, lv denied 83 NY2d 869). Counsel’s pessimism regarding defendant’s chances at trial and his advice to accept the plea do not indicate ineffective assistance (see, People v Rivera, 71 NY2d 705, 709). Concur — Rosenberger, J. P., Rubin, Kupferman, Asch and Mazzarelli, JJ.