People v. Jenks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcCarthy, J.
Defendant pleaded guilty to one count of criminal sexual act in the third degree—the top count in a seven-count indictment— and was sentenced as a second felony offender to a prison term of 2 to 4 years. Defendant claims that the record fails to demonstrate a knowing, voluntary and intelligent plea and waiver of his right to appeal. We disagree.
Initially, we note that defendant’s failure to move to withdraw his plea or vacate the judgment of conviction renders his challenge to the voluntariness and facial sufficiency of his plea, as well as his claim of ineffective assistance of counsel,…
2Cases cited13 opinions
- People v. HarrisNew York Court of Appeals · 1983
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