[Download] "People State New York v. Benito Lopez" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Benito Lopez
- Author : Court of Appeals of New York
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
[71 N.Y.2d 662 Page 664] Opinion OF THE COURT Defendant was charged in a one-count indictment with murder in the second degree (Penal Law § 125.25
[1]). The indictment alleged that defendant had intentionally caused the death of Herbert William Badgley "by stabbing him
with a sharp instrument". After extensive consultations with counsel and family members, defendant accepted a negotiated plea
arrangement under which he would plead guilty to the lesser crime of manslaughter in the first degree (Penal Law § 125.20)
in full satisfaction of the indictment. During the plea allocution, however, defendant made statements that raised the possibility
of a justification defense and the possibility that he lacked the requisite criminal intent. These statements prompted the
prosecutor to express concerns regarding the adequacy of the allocution. The court inquired further into these matters in
order to determine whether defendant possessed the necessary criminal intent and whether there existed a viable justification
defense. Following its further inquiry, the court announced that it was satisfied with the allocution and accepted the guilty
plea. Defendant neither moved to withdraw his plea nor to vacate the judgment of conviction; rather, he sought to challenge
the sufficiency of the plea allocution for the first time on direct appeal.