Legal Opinion

People v. Pacheco

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

Decided November 12, 1985PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by defendant, as limited by his brief, from two sentences of the Supreme Court, Queens County (Rotker, J.), both imposed on November 10, 1983, upon his adjudication as a second felony offender.

Sentences affirmed.

Defendant failed to meet his burden of proving that his predicate felony conviction was unconstitutionally obtained (see, CPL 400.21 [7] [b]; People v Harris, 61 NY2d 9, 15). To the contrary, it appears that defendant’s prior guilty plea was knowingly and voluntarily made, upon the advice of competent counsel whose efforts on defendant’s behalf had resulted in a rational plea…

2Cases cited3 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. CummingsAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by3 opinions

  1. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. DocetiAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. JulianAppellate Division of the Supreme Court of the State of New York · 1988

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