PEOPLE v. ORTIZ

4609, 4609A, 3906/11, 5118/11.

154 A.D.3d 448 (2017)

60 N.Y.S.3d 827

2017 NY Slip Op 06990

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAI ORTIZ, Appellant.

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

Decided October 5, 2017.


The preservation requirement for challenges to guilty pleas does not apply in this "rare case" where "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." Depending on the particular facts, the burglary of a store in a mixed commercial and residential building may...

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