Legal Opinion

People v. Downing

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1996PublishedCited by 2 opinions

1Opinion of the Court

Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not knowingly, intelligently and voluntarily made (see, People v Sparrow, 222 AD2d 1114; People v Jordan, 215 AD2d 257), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). We also reject the contention of defendant that he was denied effective assistance of counsel (see, People v Flores, 84 NY2d 184; People v Baldi, 54 NY2d 137, 147).…

2Cases cited4 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. FloresNew York Court of Appeals · 1994
  3. People v. JordanAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. SparrowAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1996

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