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PEOPLE v. SCHWEITZER

4782, 6805/05.

83 A.D.3d 503 (2011)

922 N.Y.S.2d 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SCHWEITZER, Appellant.

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

Decided April 14, 2011.

We agree with defendant that his plea allocution was defective, and that the exception to the preservation requirement discussed in People v Lopez (71 N.Y.2d 662, 666 [1988]) applies. Viewed as a whole, the allocution does not establish that defendant understood he was admitting that, at the time he left the scene, he knew or had reason to know that personal injury had been caused to another person due to an incident involving his...

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