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People v. DeLeon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1073 (N.Y. App. Div. 2002)

Opinion

KA 01-02081

December 30, 2002.

Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 6, 2001, convicting defendant upon his plea of guilty of criminal possession of a controlled substance in the second degree.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (GERALD T. BARTH OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND BURNS, JJ.


MEMORANDUM AND ORDER

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

Memorandum:

The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal as part of the plea agreement. Although "[t]he contention that defendant did not voluntarily, knowingly and intelligently enter his plea survives his waiver of the right to appeal, * * * defendant failed to preserve that contention for our review by moving to withdraw his plea or vacate the judgment of conviction" ( People v. DeJesus, 248 A.D.2d 1023, 1023, lv denied 92 N.Y.2d 879; see People v. Vallejo, 261 A.D.2d 962, lv denied 93 N.Y.2d 1029), and the "plea allocution does not qualify for the narrow, `rare case' exception to the preservation doctrine" ( People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839, quoting People v. Lopez, 71 N.Y.2d 662, 666).


Summaries of

People v. DeLeon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 2002
300 A.D.2d 1073 (N.Y. App. Div. 2002)
Case details for

People v. DeLeon

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. RAFAEL DeLEON…

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

Date published: Dec 30, 2002

Citations

300 A.D.2d 1073 (N.Y. App. Div. 2002)
751 N.Y.S.2d 910