Legal Opinion

People v. Monk

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

Decided January 30, 2014PublishedCited by 8 opinions

1Opinion of the CourtEgan Jr., J.

*1000We affirm. Although defendant’s contention that her plea was not knowing, intelligent and voluntary survives her valid waiver of appeal, the record does not demonstrate that defendant moved to withdraw her plea or vacate the judgment of conviction; hence, such argument has not been preserved for our review (see People v Henion, 110 AD3d 1349, 1350 [2013]; People v Gathers, 106 AD3d 1333, 1334 [2013], lv denied 21 NY3d 1073 [2013]). Moreover, inasmuch as defendant made no statements during the plea allocution that tended to cast doubt upon her guilt, the narrow exception to the preservation…

2Cases cited6 opinions

  1. People v. LadieuAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. GathersAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. EstradaAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. RocheAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. HenionAppellate Division of the Supreme Court of the State of New York · 2013

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3Cited by8 opinions

  1. People v. LongAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. FliggerAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. RamosAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. RoyceAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. FliggerAppellate Division of the Supreme Court of the State of New York · 2014

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