PEOPLE v. WASHINGTON

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jeffrey WASHINGTON, Defendant-Appellant.

Decided: October 22, 1998

Before MILONAS, J.P., WILLIAMS, ANDRIAS and SAXE, JJ. Vincent Rivellese, for Respondent. Simone M. Wennik, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered April 6, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him, as a juvenile offender, to a term of 5 years to life, unanimously affirmed.

 Defendant's contention that he did not enter a knowing and voluntary plea based upon his factual recitation is unpreserved for review, since defendant never challenged the sufficiency of his allocution during his plea or sentencing proceedings, and the defendant failed to move either to withdraw his guilty plea or to vacate his conviction, and because his factual recitation does not cast significant doubt on his guilt (People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5).   In any event, the record of the plea proceeding demonstrates that the court thoroughly inquired into any equivocation defendant may have had as to the element of intent, and that defendant's ultimate unequivocal statement, that he intended to kill the decedent, was sufficient to accept his guilty plea (see, People v. Murphy, 243 A.D.2d 954, 663 N.Y.S.2d 378, lv. denied 91 N.Y.2d 935, 670 N.Y.S.2d 399, 693 N.E.2d 746;  People v. Bermudez, 228 A.D.2d 237, 643 N.Y.S.2d 564, lv. denied 89 N.Y.2d 919, 654 N.Y.S.2d 721, 677 N.E.2d 293;  People v. Rivera, 191 A.D.2d 209, 594 N.Y.S.2d 209, appeal withdrawn 81 N.Y.2d 975, 598 N.Y.S.2d 777, 615 N.E.2d 234).

We have considered defendant's other claims and find them to be unavailing.

MEMORANDUM DECISION.