Legal Opinion

People v. Tuffini

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

Decided December 19, 2012PublishedCited by 6 opinions

1Opinion of the Court

Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]), the defendant’s contention that his plea was not voluntary is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the County Court (see People v Perez, 51 AD3d 1043 [2008]). In any event, a plea of guilty will be upheld as valid if it was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]; People…

2Cases cited7 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. LopezNew York Court of Appeals · 1988
  4. People v. SeabergNew York Court of Appeals · 1989
  5. People v. HarrisNew York Court of Appeals · 1983

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3Cited by6 opinions

  1. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. BorgesAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. LeshoreAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. BorgesAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013

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

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