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People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1999
261 A.D.2d 414 (N.Y. App. Div. 1999)

Opinion

May 27, 1999

Appeal from the Supreme Court, Kings County (Lott, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve his challenge to the voluntariness of his plea since he never moved to withdraw his plea or to vacate the judgment of conviction in the Supreme Court ( see, People v. Pellegrino, 60 N.Y.2d 636). In any event, the defendant knowingly and voluntarily entered into the plea and concomitant waiver of the right to appeal with the advice of counsel. Thus, the defendant has forfeited review of the court's adverse ruling on the People's Molineux application both by the plea itself and by his waiver of the right to appeal ( see, People v. Molineux, 168 N.Y. 264; People v. Muniz, 91 N.Y.2d 570; People v. Gerber, 182 A.D.2d 252, 260; People v. Jones, 255 A.D.2d 456).

S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.


Summaries of

People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1999
261 A.D.2d 414 (N.Y. App. Div. 1999)
Case details for

People v. Graham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS GRAHAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1999

Citations

261 A.D.2d 414 (N.Y. App. Div. 1999)
690 N.Y.S.2d 72

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