Legal Opinion

People v. Churby

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

Decided November 20, 2000PublishedCited by 5 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered September 9, 1998, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the court improperly imposed a greater sentence than what had been promised is not preserved for appellate review, as he neither objected to the sentence on that ground nor moved to vacate his plea (see, People v Wilson, 257 AD2d 674; People v Gayle, 224 AD2d 710). In…

2Cases cited2 opinions

  1. People v. GayleAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by5 opinions

  1. People v. OwensAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. AlmoAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. ConklinAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. RooneyAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2001

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