People v. Sharmelle Johnson
AD1 order dated November 5, 2012, affirming judgment of conviction. Decision below: 99 AD3d 591, 952 NYS2d 547. Abdus-Salaam, J. (AD dissenter), granted leave February 28, 2013. To be argued May 1, 2014.
ISSUE PRESENTED: Whether, where defendant was pleading guilty to second-degree rape on the theory that the victim was “mentally incapacitated,” due an intoxicating substance administered to her without her consent (P.L. §§130.30 & 130.00), his factual allocution that he had sex with her after she was voluntarily intoxicated negated an essential element. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)
sufficiency of guilty plea allocution to rape charge