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PEOPLE v. GONZALEZ

245 A.D.2d 205 (1997)

665 N.Y.S.2d 902

The People of the State of New York, Respondent, v. Esmeraldo Gonzalez, Appellant

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

December 23, 1997

The court appropriately accepted defendant's guilty plea. There was no need to make further inquiry to ensure that defendant understood the nature of the charge since during the plea allocution, defendant never made a statement that negated "an essential element of the crime" of attempted criminal sale of a controlled substance in the third degree (People v Lopez, 71 N.Y.2d 662, 666). Rather, defendant clearly acknowledged that he...

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