People v. Brandon

Appellate Division of the Supreme Court of New York

People v. Brandon

213 A.D.2d 902, 624 N.Y.S.2d 976, 1995 N.Y. App. Div. LEXIS 3045

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

DecidedMarch 23, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 902 (People v. Brandon) 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. Brandon, 213 A.D.2d 902, 624 N.Y.S.2d 976, 1995 N.Y. App. Div. LEXIS 3045 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered November 20, 1992, convicting defendant upon his plea of guilty of the crime of burglary in the first degree.

In our view, defendant, having failed to move to withdraw [903]*903his plea or vacate his judgment of conviction, has not preserved for appeal his challenge to the validity or sufficiency of the plea allocution. In any event, our examination of the record reveals that defendant’s plea of guilty and his waiver of his right to appeal were not coerced and were instead knowingly, voluntarily and intelligently made. Moreover, we find that defendant’s right to the effective assistance of counsel was not violated at any stage of these proceedings. The remaining arguments raised by defendant have been examined and found to be unpersuasive.

Cardona, P. J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered November 20, 1992, convicting defendant upon his plea of guilty of the crime of burglary in the first degree.

In our view, defendant, having failed to move to withdraw [903]*903his plea or vacate his judgment of conviction, has not preserved for appeal his challenge to the validity or sufficiency of the plea allocution. In any event, our examination of the record reveals that defendant’s plea of guilty and his waiver of his right to appeal were not coerced and were instead knowingly, voluntarily and intelligently made. Moreover, we find that defendant’s right to the effective assistance of counsel was not violated at any stage of these proceedings. The remaining arguments raised by defendant have been examined and found to be unpersuasive.

Cardona, P. J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

213 A.D.2d 902, 624 N.Y.S.2d 976, 1995 N.Y. App. Div. LEXIS 3045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brandon-nyappdiv-1995.

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