People v. Fulwiley

Appellate Division of the Supreme Court of New York

People v. Fulwiley

9 A.D.3d 905, 779 N.Y.S.2d 385, 2004 N.Y. App. Div. LEXIS 9571

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

DecidedJuly 9, 2004

StatusPublished

Cited by1 cases

This text of 9 A.D.3d 905 (People v. Fulwiley) 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. Fulwiley, 9 A.D.3d 905, 779 N.Y.S.2d 385, 2004 N.Y. App. Div. LEXIS 9571 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 1, 2001. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not knowingly, intelligently and voluntarily entered (see People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, we conclude that the contention is without merit (see People v Yell, 250 AD2d 869, 869 [1998], lv denied 92 NY2d 863 [1998]; People v Baldwin, 130 AD2d 497, 498 [1987], lv denied 70 NY2d 929 [1987]). Present—Pine, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.

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Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered November 1, 2001. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of two counts of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not knowingly, intelligently and voluntarily entered (see People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, we conclude that the contention is without merit (see People v Yell, 250 AD2d 869, 869 [1998], lv denied 92 NY2d 863 [1998]; People v Baldwin, 130 AD2d 497, 498 [1987], lv denied 70 NY2d 929 [1987]). Present—Pine, J.P., Scudder, Kehoe, Gorski and Martoche, JJ.

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Bluebook (online)

9 A.D.3d 905, 779 N.Y.S.2d 385, 2004 N.Y. App. Div. LEXIS 9571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fulwiley-nyappdiv-2004.

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