People v. Sanchez

Appellate Division of the Supreme Court of New York

People v. Sanchez

224 A.D.2d 782, 654 N.Y.S.2d 178, 1996 N.Y. App. Div. LEXIS 1006

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

DecidedFebruary 8, 1996

StatusPublished

Cited by2 cases

This text of 224 A.D.2d 782 (People v. Sanchez) 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. Sanchez, 224 A.D.2d 782, 654 N.Y.S.2d 178, 1996 N.Y. App. Div. LEXIS 1006 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Appeal from a judgment of the County Court of Sullivan County (Kane, J.), rendered September 2, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a five-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 41/2 to 9 years. On appeal, he contends that his guilty plea was not knowingly, voluntarily or intelligently made because of his medical condition at the time of the plea. Initially, inasmuch as defendant failed to move to withdraw or vacate his plea, we find that he has waived his right to challenge it on appeal (see, CPL 440.10; People v Claudio, 64 NY2d 858; People v Warren, 47 NY2d 740, 741). Nonetheless, were we to consider the merits, our review of the transcript of the plea allocution reveals that defendant was fully advised of and understood the ramifications of his guilty plea. Consequently, we find no reason to disturb the judgment of conviction.

Mikoll, J. P., Mercure, White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment of the County Court of Sullivan County (Kane, J.), rendered September 2, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a five-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 41/2 to 9 years. On appeal, he contends that his guilty plea was not knowingly, voluntarily or intelligently made because of his medical condition at the time of the plea. Initially, inasmuch as defendant failed to move to withdraw or vacate his plea, we find that he has waived his right to challenge it on appeal (see, CPL 440.10; People v Claudio, 64 NY2d 858; People v Warren, 47 NY2d 740, 741). Nonetheless, were we to consider the merits, our review of the transcript of the plea allocution reveals that defendant was fully advised of and understood the ramifications of his guilty plea. Consequently, we find no reason to disturb the judgment of conviction.

Mikoll, J. P., Mercure, White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

224 A.D.2d 782, 654 N.Y.S.2d 178, 1996 N.Y. App. Div. LEXIS 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sanchez-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack