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PEOPLE v. RIVERA

238 A.D.2d 253 (1997)

656 N.Y.S.2d 872

The People of the State of New York, Respondent, v. Jose Rivera, Appellant

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

April 22, 1997

Defendant's contention that his plea was not knowingly and voluntarily entered in light of his personal psychological problems and history of drug abuse is unpreserved, and without merit (People v Toxey, 86 N.Y.2d 725). The record indicates that defendant was lucid and rational throughout the plea and sentencing proceedings, that he consulted with his attorney in a meaningful way, and that he had a rational and factual understanding...

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