Legal Opinion

People v. Brown

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

Decided July 8, 1998Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant failed to move to withdraw his plea or vacate the judgment of conviction, and thus the issue of the voluntariness of the plea is not preserved for appellate review (see, People v Lopez, 71 NY2d 662, 665-666; People v Johnson, 251 AD2d 996; People v Perez, 228 AD2d 821, 822-823, lv denied 88 NY2d 968). We reject the contention of defendant that County Court failed to follow the procedures of CPL 400.21 in sentencing him as a second felony offender. The record supports the People’s contention that a second felony offender statement was…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. BouyeaNew York Court of Appeals · 1985
  3. People v. PerezAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998

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