People v. Luksch

Appellate Division of the Supreme Court of New York

People v. Luksch

265 A.D.2d 895, 696 N.Y.S.2d 725, 1999 N.Y. App. Div. LEXIS 10011

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

DecidedOctober 1, 1999

StatusPublished

Cited by5 cases

This text of 265 A.D.2d 895 (People v. Luksch) 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. Luksch, 265 A.D.2d 895, 696 N.Y.S.2d 725, 1999 N.Y. App. Div. LEXIS 10011 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in failing to afford her an opportunity to withdraw her plea before imposing an enhanced sentence (see, People v Selikoff, 35 NY2d 227, 241, cert denied 419 US 1122). That contention is not preserved for our review (see, CPL 470.05 [2]; People v Dremeguila, 166 AD2d 196, lv denied 76 NY2d 1020; People v Ifill, 108 AD2d 202, 203), and we decline to exercise our power to review it as a matter of discretion in

[896]*896the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Pine, Wisner, Callahan and Balio, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in failing to afford her an opportunity to withdraw her plea before imposing an enhanced sentence (see, People v Selikoff, 35 NY2d 227, 241, cert denied 419 US 1122). That contention is not preserved for our review (see, CPL 470.05 [2]; People v Dremeguila, 166 AD2d 196, lv denied 76 NY2d 1020; People v Ifill, 108 AD2d 202, 203), and we decline to exercise our power to review it as a matter of discretion in

[896]*896the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Pine, Wisner, Callahan and Balio, JJ.

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Bluebook (online)

265 A.D.2d 895, 696 N.Y.S.2d 725, 1999 N.Y. App. Div. LEXIS 10011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-luksch-nyappdiv-1999.

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