People v. Roper

Appellate Division of the Supreme Court of New York

People v. Roper

25 A.D.3d 628, 806 N.Y.S.2d 887

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

DecidedJanuary 17, 2006

StatusPublished

Cited by1 cases

This text of 25 A.D.3d 628 (People v. Roper) 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. Roper, 25 A.D.3d 628, 806 N.Y.S.2d 887 (N.Y. Ct. App. 2006).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.) rendered July 9, 2003, convicting him of attempted assault in the second degree and attempted criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited the right to seek appellate review of any claim “relating to the deprivation of rights that took place before the plea was entered” (People v Hansen, 95 NY2d 227, 230 [2000]; see People v Taylor, 65 NY2d 1, 5 [1985]). Furthermore, the defendant’s contention that his plea of guilty was coerced is unpreserved for appellate review, since he failed to move to vacate his plea on that basis or to otherwise raise this issue before the County Court (see People v Clarke, 93 NY2d 904, 905 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Williams, 13 AD3d 661 [2004]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.) rendered July 9, 2003, convicting him of attempted assault in the second degree and attempted criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited the right to seek appellate review of any claim “relating to the deprivation of rights that took place before the plea was entered” (People v Hansen, 95 NY2d 227, 230 [2000]; see People v Taylor, 65 NY2d 1, 5 [1985]). Furthermore, the defendant’s contention that his plea of guilty was coerced is unpreserved for appellate review, since he failed to move to vacate his plea on that basis or to otherwise raise this issue before the County Court (see People v Clarke, 93 NY2d 904, 905 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Williams, 13 AD3d 661 [2004]). Adams, J.P., Ritter, Goldstein, Skelos and Dillon, JJ., concur.

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Bluebook (online)

25 A.D.3d 628, 806 N.Y.S.2d 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roper-nyappdiv-2006.

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