Legal Opinion

People v. Gillens

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

Decided December 29, 2015No. 16518 5722/12PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 22, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

Defendant’s claim that his plea allocution was deficient because the court omitted the word “jury” from its reference to giving up the right to a trial is a claim requiring preservation (see People v Jackson, 123 AD3d 634 [1st Dept 2014], lv denied 25 NY3d 1202 [2015]), and we decline to review this unpreserved claim in…

2Cases cited2 opinions

  1. People v. HarrisNew York Court of Appeals · 1983
  2. People v. TyrellNew York Court of Appeals · 2013

3Cited by3 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. AdolphAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2022

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