Legal Opinion

People v. Moore

New York Court of Appeals

Decided May 26, 1988PublishedCited by 72 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed.

The defendants in these three cases challenge the use of prior convictions, obtained on guilty pleas, as the basis for sentencing them as predicate felons. Each defendant argues that the facts adduced at the plea allocutions were insufficient to establish the elements of the crime.

Initially, we note that defendants may challenge predicate convictions in this context only on constitutional grounds (CPL 400.21 [7] [b]). A guilty plea may be involuntary, and therefore unconstitutionally obtained,…

2Cases cited4 opinions

  1. Henderson v. MorganSupreme Court of the United States · 1976
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. McgowenNew York Court of Appeals · 1977
  4. People v. ClairborneNew York Court of Appeals · 1972

3Cited by72 opinions

  1. People v. SeeberNew York Court of Appeals · 2005
  2. People v. JohnsonNew York Court of Appeals · 2014
  3. People v. MannAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. AdelmanAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. SteedAppellate Division of the Supreme Court of the State of New York · 2005

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