Legal Opinion

People v. Jimenez

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

Decided November 13, 2000Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]), defendant contends that he was deprived of his right to be present at an audibility hearing, that County Court erred in failing to arrange for a stenographic transcript of the audibility hearing, and that defense counsel was ineffective in the manner in which he handled the audibility hearing. Those contentions do not survive a plea of guilty (see, People v Dunn, 261 AD2d 940, lv denied 94 NY2d…

2Cases cited4 opinions

  1. People v. PrescottNew York Court of Appeals · 1985
  2. People v. DunnAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. DunbarAppellate Division of the Supreme Court of the State of New York · 1997

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