Torts · MBE-tested

The People of the State of New York, Respondent, v. Antonio McKnight, Appellant

256 A.D.2d 1194683 N.Y.S.2d 461·New York Supreme Court, Appellate Division·1998·NY

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Opinion

The People of the State of New York, Respondent, v Antonio McKnight, Appellant. [683 NYS2d 461] [MAJORITY] —Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in failing to conduct a thorough inquiry into his justification defense before accepting his plea of guilty to assault in the second degree (Penal Law § 120.05 [2]). The recitation of the facts underlying the crime, however, did not cast significant doubt upon defendant’s guilt (see, People v Lopez, 71 NY2d 662, 666). The court had no “duty to inquire further to ensure that defendant’s guilty plea is knowing and voluntary” (People v Lopez, supra, at 666). (Appeal from Judgment of Monroe County Court, Egan, J. — Assault, 2nd Degree.) Present — Denman, P. J., Hayes, Pigott, Jr., Callahan and Fallon, JJ.