Legal Opinion

People v. Kelly

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

Decided April 15, 2008PublishedCited by 14 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Crecca, J.), rendered April 4, 2005, convicting him of robbery in the first degree (two counts) and robbery in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea of guilty was not voluntary or knowing is unpreserved for appellate review, since he did not move to withdraw his plea or to vacate the judgment on that ground (see People v Toxey, 86 NY2d 725 [1995]; People v Fecu, 38 AD3d 565 [2007]; People v…

2Cases cited9 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. PantojaAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. HuchitalAppellate Division of the Supreme Court of the State of New York · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. ApplingAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. Garcia-CruzAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. PollidoreAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. EllisAppellate Division of the Supreme Court of the State of New York · 2016

9 more not listed; retrieve them via the Exa API.

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