Legal Opinion
People v. Ross
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 2008PublishedCited by 6 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered November 13, 2005, convicting him of murder in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that his plea of guilty was not knowing and voluntary is unpreserved for appellate review, since he did not move to withdraw his plea of guilty (see People v Rodriguez, 51 AD3d 1043 [2008]). Moreover, this case does not present a “rare exception” to the preservation requirement, as the defendant’s recitation of the facts…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MaidaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- People v. AliAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BautistaAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MasseyAppellate Division of the Supreme Court of the State of New York · 2020
- People v. RossAppellate Division of the Supreme Court of the State of New York · 2014
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