Legal Opinion

People v. Mitchell

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

Decided January 19, 2010PublishedCited by 9 opinions

1Opinion of the Court

The defendant’s contention that his plea was not voluntary because it was coerced is unpreserved for appellate review, since he did not move to withdraw his plea'on that basis (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Bolton, 63 AD3d 1087 [2009], lv denied 13 NY3d 834 [2009]; People v Antoine, 59 AD3d 560 [2009]). In any event, his plea of guilty was knowingly, voluntarily, and intelligently entered (see People v Garcia, 92 NY2d 869, 870-871 [1998]; People v Harris, 61 NY2d 9, 17 [1983]).

However, on the record before us, it is not…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HarrisNew York Court of Appeals · 1983
  3. People v. ClarkeNew York Court of Appeals · 1999
  4. People v. GarciaNew York Court of Appeals · 1998
  5. People v. AntoineAppellate Division of the Supreme Court of the State of New York · 2009

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

3Cited by9 opinions

  1. People v. CollierAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. FrancoAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. GomezAppellate Division of the Supreme Court of the State of New York · 2016

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

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