Legal Opinion

People v. Gallo

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

Decided May 4, 2010PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J), rendered January 8, 2009, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the plea allocution was factually insufficient is unpreserved for appellate review, as he failed to move to either withdraw his plea on this ground prior to sentencing or to vacate the judgment pursuant to CPL 440.10 (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725 [1995]; People v…

2Cases cited8 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. PryorAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. ElcineAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. HollisAppellate Division of the Supreme Court of the State of New York · 1994

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

3Cited by9 opinions

  1. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. ShafferAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BatistaAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2017

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API