Home/New York Court of Appeals/People v. Ali

People v. Ali

754 N.E.2d 193, 96 N.Y.2d 840, 729 N.Y.S.2d 434, 2001 N.Y. LEXIS 1411
New York Court of Appeals·Decided June 7, 2001·Published·Cited by 21 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that court for further proceedings in accordance with this memorandum.

Because defendant failed to timely move to withdraw his guilty plea pursuant to CPL 220.60 (3), his claim that his guilty plea should be vacated has not been preserved as a question of law for review. The Appellate Division erroneously concluded that a question of law was preserved. Accordingly, the case must be remitted to the Appellate Division to allow that court to exercise its broader review power.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Ali, 754 N.E.2d 193, 96 N.Y.2d 840, 729 N.Y.S.2d 434, 2001 N.Y. LEXIS 1411 (N.Y. 2001).

754 N.E.2d 193 (People v. Ali) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Bristel
210 A.D.3d 481 (Appellate Division of the Supreme Court of New York, 2022)
People v. Brown
2021 NY Slip Op 07447 (Appellate Division of the Supreme Court of New York, 2021)
People v. Wilson
2019 NY Slip Op 3452 (Appellate Division of the Supreme Court of New York, 2019)
People v. Elliot
137 A.D.3d 715 (Appellate Division of the Supreme Court of New York, 2016)
ROCKWELL, JOHN, PEOPLE v
Appellate Division of the Supreme Court of New York, 2016
People v. Rockwell
137 A.D.3d 1586 (Appellate Division of the Supreme Court of New York, 2016)
People v. Perez
127 A.D.3d 436 (Appellate Division of the Supreme Court of New York, 2015)
BOYD, DONIQUE, PEOPLE v
Appellate Division of the Supreme Court of New York, 2012
People v. Boyd
101 A.D.3d 1683 (Appellate Division of the Supreme Court of New York, 2012)
People v. Bruchanan
37 A.D.3d 169 (Appellate Division of the Supreme Court of New York, 2007)
People v. Oldham
24 A.D.3d 1289 (Appellate Division of the Supreme Court of New York, 2005)
Disciplinary Counsel v. O'Neill
815 N.E.2d 286 (Ohio Supreme Court, 2004)
People v. Pena
7 A.D.3d 259 (Appellate Division of the Supreme Court of New York, 2004)
People v. Cerveira
6 A.D.3d 294 (Appellate Division of the Supreme Court of New York, 2004)
People v. Burnett
301 A.D.2d 451 (Appellate Division of the Supreme Court of New York, 2003)
People v. Stevens
298 A.D.2d 267 (Appellate Division of the Supreme Court of New York, 2002)
People v. Irizarry
295 A.D.2d 121 (Appellate Division of the Supreme Court of New York, 2002)
People v. Gil
291 A.D.2d 217 (Appellate Division of the Supreme Court of New York, 2002)
People v. Ali
286 A.D.2d 204 (Appellate Division of the Supreme Court of New York, 2001)