PEOPLE v. DUBOSE


158 A.D.2d 337 (1990)

The People of the State of New York, Respondent, v. Henry Dubose, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1990


Defendant's argument concerning his incapacity because of age to plead guilty to a violent felony charge is without merit. This claim was not preserved as a matter of law for appellate review by this court (CPL 470.05 [2]). Moreover, Penal Law § 30.00 (1) defines an infant as a person less than 16 years old.

An analysis of a plea allocution of a juvenile involves the "totality of the circumstances" approach where the age of the youthful criminal suspect is but...

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