Legal Opinion

People v. Fisher

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

Decided July 16, 2014PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered September 4, 2012, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since the defendant failed to move to withdraw his plea (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Terry, 115 AD3d 683, 684 [2014] ). Moreover, contrary to the defendant’s contention,…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. CoatsAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. TerryAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by2 opinions

  1. People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. PannettiereAppellate Division of the Supreme Court of the State of New York · 2014

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