From Casetext: Smarter Legal Research

People v. Nixon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 941 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.

PRESENT: WISNER, J. P., HURLBUTT, SCUDDER AND KEHOE, JJ.


Judgment unanimously affirmed.

Memorandum:

By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that he was coerced into pleading guilty ( see, People v. Williams, 272 A.D.2d 986; People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944). In any event, that contention is without merit. Defendant further contends that he could not be convicted of both criminal sale of a controlled substance in the third degree (Penal Law § 220.39) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16) because both counts involved the same cocaine. We reject that contention ( see, People v. Campbell, 175 A.D.2d 612, lv denied 78 N.Y.2d 1074; People v. Thomas, 174 A.D.2d 994, 995, lv denied 78 N.Y.2d 1012, 1015).


Summaries of

People v. Nixon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 941 (N.Y. App. Div. 2000)
Case details for

People v. Nixon

Case Details

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

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 941 (N.Y. App. Div. 2000)
718 N.Y.S.2d 680

Citing Cases

People v. Quinn

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

People v. McCorkle

By pleading guilty, defendant forfeited any challenge to those rulings ( see People v. Nichols, 277 A.D.2d…