Legal Opinion

People v. Sprague

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

Decided March 25, 2011PublishedCited by 32 opinions

1Opinion of the Court

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of grand larceny in the third degree (Penal Law § 155.35 [1]), defendant contends in his pro se supplemental brief that County Court erred in imposing an enhanced sentence without affording him an opportunity to withdraw his plea. That contention is not preserved for our review because defendant did not object to the enhanced sentence, nor did he move to withdraw the plea or to vacate the judgment of conviction (see People v Fortner, 23 AD3d 1058 [2005]; People v Sundown, 305 AD2d 1075 [2003]). In any event,…

2Cases cited5 opinions

  1. People v. FigginsNew York Court of Appeals · 1995
  2. People v. SundownAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. FortnerAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. CatoAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by32 opinions

  1. People v. GeraldAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. KellyAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. PryceAppellate Division of the Supreme Court of the State of New York · 2017

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