Legal Opinion

People v. Baxter

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

Decided July 26, 2011PublishedCited by 1 opinion

1Opinion of the Court

The defendant contends that his plea was not knowingly, voluntarily, and intelligently made, and that the People failed to file a special information charging that he had previously been convicted of driving while intoxicated. These claims are unpreserved for appellate review since the defendant did not move to withdraw his plea or otherwise raise the issue before the Supreme Court (see People v Hardee, 84 AD3d 835 [2011]; People v Kulmatycski, 83 AD3d 734 [2011]). In any event, the defendant’s contention that his plea was not knowingly, voluntarily, and intelligently made is without merit.…

2Cases cited9 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. FanelliAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. HardeeAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by1 opinion

  1. People v. YungaAppellate Division of the Supreme Court of the State of New York · 2014

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