Legal Opinion

People v. Fiallo

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

Decided April 1, 2004PublishedCited by 14 opinions

1Opinion of the Court

*177Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 11, 2001, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

Since the issue was not raised in defendant’s motion to withdraw his guilty plea, his present claim that the court should have made further inquiry into a possible intoxication defense is unpreserved (People v Mackey, 77 NY2d 846 [1991]), and we decline to review it in the interest of justice. Were we to review this claim, we would find no basis for reversal.…

2Cases cited6 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. FrederickNew York Court of Appeals · 1978
  3. Jesse Hines v. David Miller, SuperintendentCourt of Appeals for the Second Circuit · 2003
  4. People v. MackeyNew York Court of Appeals · 1991
  5. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1998

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

3Cited by14 opinions

  1. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. DialloAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. SandsAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. OrtegaAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. VelezAppellate 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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