# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · December 22, 1992 · 188 A.D.2d 414

URL: https://www.frixlaw.com/law-library/cases/5955691

## Case

- **Full name:** The People of the State of New York v. Thomas Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 22, 1992
- **Citations:** 188 A.D.2d 414; 592 N.Y.S.2d 245; 1992 N.Y. App. Div. LEXIS 14533
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5955691

## Opinion text

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered November 29, 1990, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Defendant’s argument on appeal that his plea allocution failed to establish a voluntary waiver of his constitutional rights and failed to establish the elements of the crime to which he was pleading beyond a reasonable doubt is unpreserved for review as a matter of law since defendant never moved to withdraw the plea (People v Lopez, 71 NY2d 662 ), and we decline to review in the interest of justice. Were we to review, we would find defendant’s arguments to be without merit, defendant having admitting at the plea that he entered an office building in which he was not employed and stole the complainant’s wallet while he was out of his office, and the court having informed defendant of the constitutional rights he was waiving by pleading guilty and the various sentences he might receive based upon his criminal history and the charge to which he was pleading (see, People v Harris, 61 NY2d 9 ). Concur — Murphy, P. J., Milonas, Rosenberger, Kassal and Rubin, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5955691. Public record. Not legal advice.