Legal Opinion

People v. Brown

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

Decided December 3, 2014No. 2012-08558PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 11, 2012, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor and the County Court failed to comply with the procedures of CPL 400.21 before sentencing him as a second felony offender is unpreserved for appellate review, since the defendant did not move to vacate his plea or otherwise raise this issue in the sentencing court (see…

2Cases cited7 opinions

  1. People v. BouyeaNew York Court of Appeals · 1985
  2. People v. SmithNew York Court of Appeals · 1989
  3. People v. ProctorNew York Court of Appeals · 1992
  4. People v. WinslowAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. LuisiAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. LaterzaAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2016

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