Legal Opinion

People v. Cooley

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

Decided October 1, 1999PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant’s challenge to the sufficiency of the plea allocution has not been preserved for our review because defendant neither moved to withdraw the plea nor moved to vacate the judgment of conviction (see, People v Walton, 248 AD2d 803, lv denied 92 NY2d 908; People v Sims, 242 AD2d 758, lv denied 91 NY2d 930). In any event, defendant’s waiver of the right to appeal encompasses that challenge (see, People v Vallejo, 261 AD2d 962; People v Diola, 239 AD2d 961, lv denied 91 NY2d 872). Were we to reach the merits, we would conclude that defendant’s…

2Cases cited7 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. People v. Di PaolaAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. VallejoAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. WaltonAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by1 opinion

  1. People v. ClacksAppellate Division of the Supreme Court of the State of New York · 2002

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