People v. Franco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered October 22, 2009, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]), the defendant’s contentions that he is innocent and that his plea was not voluntary because it was coerced are unpreserved for appellate review since he did not move to vacate his plea or otherwise raise…
2Cases cited25 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SeabergNew York Court of Appeals · 1989
- People v. HarrisNew York Court of Appeals · 1983
- People v. TaranovichNew York Court of Appeals · 1975
- Strunk v. United StatesSupreme Court of the United States · 1973
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3Cited by16 opinions
- People v. NugentAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WorthyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JessamyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BriggsAppellate Division of the Supreme Court of the State of New York · 2014
11 more not listed; retrieve them via the Exa API.