People v. Tehoke

Appellate Division of the Supreme Court of New York

People v. Tehoke

6 A.D.3d 1173, 775 N.Y.S.2d 694, 2004 N.Y. App. Div. LEXIS 6278

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

DecidedApril 30, 2004

StatusPublished

Cited by4 cases

This text of 6 A.D.3d 1173 (People v. Tehoke) 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. Tehoke, 6 A.D.3d 1173, 775 N.Y.S.2d 694, 2004 N.Y. App. Div. LEXIS 6278 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered June 10, 2002. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that County Court’s alleged error in ordering a confirmatory DNA test rendered his plea of guilty involuntary because the court thereby “tipped the scales” in favor of the prosecution. By failing to move to withdraw his [1174]*1174plea or to vacate the judgment of conviction, defendant failed to preserve his contention for our review (see generally People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, by pleading guilty, defendant forfeited his contention with respect to the court’s alleged error in ordering the confirmatory DNA test (see generally People v Hansen, 95 NY2d 227, 230-232 [2000]; People v Campbell, 73 NY2d 481, 486 [1989]; see also People v Bailey, 156 AD2d 846, 847 [1989], lv denied 75 NY2d 810 [1990]). Present—Pigott, Jr., PJ., Pine, Scudder, Gorski and Hayes, JJ.

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Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered June 10, 2002. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that County Court’s alleged error in ordering a confirmatory DNA test rendered his plea of guilty involuntary because the court thereby “tipped the scales” in favor of the prosecution. By failing to move to withdraw his [1174]*1174plea or to vacate the judgment of conviction, defendant failed to preserve his contention for our review (see generally People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, by pleading guilty, defendant forfeited his contention with respect to the court’s alleged error in ordering the confirmatory DNA test (see generally People v Hansen, 95 NY2d 227, 230-232 [2000]; People v Campbell, 73 NY2d 481, 486 [1989]; see also People v Bailey, 156 AD2d 846, 847 [1989], lv denied 75 NY2d 810 [1990]). Present—Pigott, Jr., PJ., Pine, Scudder, Gorski and Hayes, JJ.

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Bluebook (online)

6 A.D.3d 1173, 775 N.Y.S.2d 694, 2004 N.Y. App. Div. LEXIS 6278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tehoke-nyappdiv-2004.

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