Legal Opinion

People v. Simmons

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

Decided April 14, 2016No. 822 571/13PublishedCited by 19 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 24, 2014, convicting defendant, upon his plea of guilty, of criminal facilitation in the fourth degree, and sentencing him to a conditional discharge, unanimously affirmed.

Defendant’s challenges to the court’s discussion of his rights under Boykin v Alabama (395 US 238 [1969]) do not fall within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375, 382 [2015]), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find no…

2Cases cited5 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. People v. HarrisNew York Court of Appeals · 1983
  3. The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier SanchezNew York Court of Appeals · 2015
  4. People v. TyrellNew York Court of Appeals · 2013
  5. The People v. Mactar Sougou /The People v. Rita ThompsonNew York Court of Appeals · 2015

3Cited by19 opinions

  1. People v. Cepeda (Ayquel)Appellate Terms of the Supreme Court of New York · 2018
  2. People v. Cruz (Jesenia)Appellate Terms of the Supreme Court of New York · 2018
  3. People v. DemkovichAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. Drelich (Marvin)Appellate Terms of the Supreme Court of New York · 2019
  5. People v. Fairclough (Loy)Appellate Terms of the Supreme Court of New York · 2017

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