PEOPLE v. MEDINA-FELIZ

4320. 2970N/13.

151 A.D.3d 603 (2017)

2017 NY Slip Op 05053

57 N.Y.S.3d 475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON MEDINA-FELIZ, Appellant.

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

Decided June 20, 2017.


This is a "rare case" where the preservation requirement for challenges to guilty pleas does not apply because "defendant's factual recitation negate[d] an essential element of the crime pleaded to" and the court "accept[ed] the plea without making further inquiry to ensure that defendant underst[ood] the nature of the charge and that the plea [was] intelligently entered" (People v Lopez, 71 N.Y.2d 662, 666 [1988]). The crime of...

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