Legal Opinion

People v. Stephens

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

Decided July 2, 2013PublishedCited by 10 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered October 14, 2010, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree and resisting arrest, and sentencing him to an aggregate term of three years, unanimously affirmed.

Defendant’s claim that the court improperly imposed sentence without sufficient inquiry into the circumstances surrounding defendant’s departure from a diversion program is unpreserved because he neither requested further inquiry nor moved to withdraw his plea (see e.g. People v Malaj, 69 AD3d 487 [1st Dept 2010], lv…

2Cases cited4 opinions

  1. People v. ValenciaNew York Court of Appeals · 2004
  2. People v. FiammegtaNew York Court of Appeals · 2010
  3. People v. MalajAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. RedwoodAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by10 opinions

  1. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 2023
  2. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. SpruillAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. SpruillAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. EchavarriaAppellate Division of the Supreme Court of the State of New York · 2024

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