Legal Opinion

People v. Baker

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

Decided March 14, 2008PublishedCited by 7 opinions

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). The contention of defendant that County Court erred in denying his motion to dismiss the indictment does not survive his valid waiver of the right to appeal (see People v Castillo, 208 AD2d 944 [1994]), nor in any event does it survive his guilty plea (see People v Porter, 300 AD2d 698, 699 [2002], lv denied 100 NY2d 541 [2003]). The further contention of defendant that his plea was not knowing, voluntary and…

2Cases cited3 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. PorterAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. CastilloAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. DillonAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. NealAppellate Division of the Supreme Court of the State of New York · 2017
  4. DILLON, DAVID, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
  5. MORRIS, ALLEN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012

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