Legal Opinion
People v. Hernandez-Bautista
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 7 opinions
1Opinion of the Court
The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review since he did not move to withdraw his plea on that ground prior to sentencing (see CPL 470.05 [2]; People v Gantt, 85 AD3d 815, 816 [2011]). In any event, his plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]).
The defendant’s contention that he was deprived of the effective assistance of counsel is without merit (see People v Ford, 86 NY2d 397, 404 [1995]).
The sentence imposed was not excessive…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. FordNew York Court of Appeals · 1995
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. GanttAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- People v. JeromeAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CarrAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. Al-MuwalladAppellate Division of the Supreme Court of the State of New York · 2016
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