People v. Medina
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered June 16, 2011, convicting defendant, upon his guilty plea, of attempted assault in the first degree and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.
Defendant failed to preserve his claim that his Florida conviction does not qualify as a predicate New York violent felony, his claim does not fall within the “narrow exception to the preservation rule permitting appellate review when a sentence’s illegality is readily discernible from the . . . record” (People v…
2Cases cited6 opinions
- People v. CabanNew York Court of Appeals · 2005
- Anthony McCormick v. City of Fort Lauderdale, Jonathan Walker, OfficerCourt of Appeals for the Eleventh Circuit · 2003
- People v. SammsNew York Court of Appeals · 2000
- People v. SantiagoNew York Court of Appeals · 2013
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by4 opinions
- ACKERMAN, ALBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AckermanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AckermanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2018