Legal Opinion

People v. Pappacena

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

Decided December 30, 2008PublishedCited by 3 opinions

1Opinion of the Court

The defendant’s contention that the plea of guilty was not voluntary because it was coerced is unpreserved for appellate review since he did not move to withdraw his plea on that basis (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Perez, 51 AD3d 1043 [2008]; People v Scoca, 38 AD3d 801 [2007]; People v Lopez, 34 AD3d 599 [2006]).

The defendant entered a plea of guilty after the Supreme Court Ordered a hearing on that branch of his omnibus motion which was to suppress evidence, but before the hearing was held. By pleading guilty before the County Court decided his motion to suppress…

2Cases cited7 opinions

  1. People v. FernandezNew York Court of Appeals · 1986
  2. People v. ClarkeNew York Court of Appeals · 1999
  3. People v. PerezAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. ScocaAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. OwensAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2013

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