Legal Opinion

People v. DaCosta

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

Decided July 24, 1995PublishedCited by 4 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Dutchess County (Hillery, J.), rendered October 1, 1991, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

*662Ordered that the judgment is affirmed.

The defendant’s challenge to the adequacy of his plea allocution has not been preserved for appellate review (see, People v Pellegrino, 60 NY2d 636; People v Walker, 185 AD2d 951). "The defendant made no motion to withdraw his guilty plea prior to sentencing and, although he did make a motion to vacate the judgment pursuant to CPL article 440,…

2Cases cited6 opinions

  1. People v. PellegrinoNew York Court of Appeals · 1983
  2. People v. PascaleNew York Court of Appeals · 1980
  3. People v. EspositoAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by4 opinions

  1. People v. DeLucaAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. BannerAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. RovinskyAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. FinnAppellate Division of the Supreme Court of the State of New York · 2009

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