Legal Opinion

People v. Flowers

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

Decided December 5, 1991PublishedCited by 4 opinions

1Opinion of the Court

— Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered December 11, 1989, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant’s challenge to the sufficiency of the indictment was not preserved for appellate review insofar as he failed to raise an objection thereto at the time of his guilty plea (see, CPL 470.05 [2]; People v Di Noia, 105 AD2d 799, lv denied 64 NY2d 759, cert denied 471 US 1022; People v Torres, 96 AD2d 604). In any event, defendant’s claim that the broomstick handle used in the assault was…

2Cases cited4 opinions

  1. People v. CarterNew York Court of Appeals · 1981
  2. People v. Di NoiaAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1983
  4. People v. NaylorAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. People v. BeckerAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. VukelNew York Supreme Court · 1998
  3. Warren v. StateWyoming Supreme Court · 1992
  4. Warren v. StateWyoming Supreme Court · 1992

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