Legal Opinion

People v. Cancel

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

Decided February 21, 2012PublishedCited by 5 opinions

1Opinion of the Court

The defendant’s contention that his plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review (see People v Shaffer, 81 AD3d 989 [2011]; People v Budden, 77 AD3d 672 [2010]). In any event, the record demonstrates that the defendant’s plea was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]).

The defendant’s contention that he was deprived of the effective assistance of counsel is based on matter dehors the record, and therefore cannot be reviewed on direct…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. FiumefreddoNew York Court of Appeals · 1993
  3. People v. ShafferAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BuddenAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. BrewerAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by5 opinions

  1. People v. ApplingAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. CohenAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013

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