People v. Bilinski

Appellate Division of the Supreme Court of New York

People v. Bilinski

286 A.D.2d 945, 730 N.Y.S.2d 757, 2001 N.Y. App. Div. LEXIS 8999

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

DecidedSeptember 28, 2001

StatusPublished

This text of 286 A.D.2d 945 (People v. Bilinski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bilinski, 286 A.D.2d 945, 730 N.Y.S.2d 757, 2001 N.Y. App. Div. LEXIS 8999 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea of guilty or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution is factually insufficient (see, People v Sennett, 280 AD2d 998, lv denied 96 NY2d 787). The narrow exception to the preservation doctrine is not applicable here because the plea allocution does not cast significant doubt upon defendant’s guilt (see, People v Lopez, 71 NY2d 662, 666). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Pine, Wisner, Burns and Lawton, JJ.

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—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea of guilty or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution is factually insufficient (see, People v Sennett, 280 AD2d 998, lv denied 96 NY2d 787). The narrow exception to the preservation doctrine is not applicable here because the plea allocution does not cast significant doubt upon defendant’s guilt (see, People v Lopez, 71 NY2d 662, 666). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Pine, Wisner, Burns and Lawton, JJ.

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Bluebook (online)

286 A.D.2d 945, 730 N.Y.S.2d 757, 2001 N.Y. App. Div. LEXIS 8999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bilinski-nyappdiv-2001.

Opinion

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