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SUPREME COURT SHOULD HAVE ENSURED DEFENDANT WAS KNOWINGLY AND INTELLIGENTLY WAIVING THE INTOXICATION DEFENSE BEFORE ACCEPTING DEFENDANT’S GUILTY PLEA; IN THE PLEA COLLOQUY DEFENDANT TOLD THE COURT HE WAS DRUNK AND DIDN’T KNOW WHAT HE WAS DOING (FIRST DEPT).

The First Department, vacating defendant’s guilty plea (attempted burglary), determined Supreme Court should have ensured that the defendant understood he was waiving the intoxication defense by pleading guilty. During the plea colloquy defendant indicated he was drunk and didn’t know what he was doing when he entered a woman’s hotel room:

Once defendant raised the possible defense of intoxication during the allocution, the court was obligated to determine if he understood the defense, whether he in fact, had a viable defense and whether he wanted to waive the same … .

Defendant’s statement that he entered the victim’s hotel room “looking for money from the lady” did not effectively recant his earlier statement as to intoxication and did not relieve the court of its duty to engage in an additional inquiry into defendant’s understanding of the intoxication defense or the facts of the offense … . People v Muniz-Cayetano, 2020 NY Slip Op 05156, First Dept 9-29-20

 

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FALL OFF BACK OF FLATBED TRUCK WARRANTED SUMMARY JUDGMENT ON LABOR LAW 240 (1) CAUSE OF ACTION.
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