Legal Opinion

People v. Jackson

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

Decided October 5, 2012PublishedCited by 15 opinions

1Opinion of the Court

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that his plea was not knowing, intelligent, and voluntary. Defendant failed to move to withdraw his plea or to vacate the judgment of conviction on that ground and thus has failed to preserve his contention for our review (see People v Francis, 53 AD3d 1112, 1113 [2008], lv denied 11 NY3d 736 [2008]). This case does not fall within the narrow exception to the preservation requirement set forth in People v Lopez (71 NY2d 662, 666 [1988]). In any…

2Cases cited9 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HidalgoNew York Court of Appeals · 1998
  3. People v. MaracleNew York Court of Appeals · 2012
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. BalkumAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by15 opinions

  1. People v. CooperAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. SanbornAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. HuddlestonAppellate Division of the Supreme Court of the State of New York · 2015
  4. COOPER, DONALD R., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  5. GOFORTH, MATTHEW, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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