People v. Fraser

8 Citing cases

  1. People v. Braunskill

    2022 N.Y. Slip Op. 3902 (N.Y. App. Div. 2022)

    ORDERED that the judgment is affirmed. The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the Supreme Court (see People v Conceicao, 26 N.Y.3d 375, 381-382; People v Lopez, 71 N.Y.2d 662; People v Rojas, 196 A.D.3d 704; People v Smith, 193 A.D.3d 986; People v Fraser, 192 A.D.3d 702). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v Sougou, 26 N.Y.3d 1052, 1055-1056; People v Conceicao, 26 N.Y.3d at 383-384; People v Harris, 61 N.Y.2d 9, 20-21; People v Fraser, 192 A.D.3d at 703).

  2. People v. Rojas

    No. 2021-04562 (N.Y. App. Div. Jul. 28, 2021)

    The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see CPL 220.60[3]; 470.05[2]; People v Lopez, 71 N.Y.2d 662, 665-666; People v Smith, 193 A.D.3d 986; People v Fraser, 192 A.D.3d 702, 703). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v Sougou, 26 N.Y.3d 1052, 1055-1056; People v Conceicao, 26 N.Y.3d 375, 383-384; People v Harris, 61 N.Y.2d 9, 20-21; People v Fraser, 192 A.D.3d at 703).

  3. People v. Rojas

    196 A.D.3d 704 (N.Y. App. Div. 2021)   Cited 2 times

    The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see CPL 220.60[3] ; 470.05[2]; People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Smith, 193 A.D.3d 986, 142 N.Y.S.3d 834 ; People v. Fraser, 192 A.D.3d 702, 703, 139 N.Y.S.3d 560 ). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (seePeople v. Sougou, 26 N.Y.3d 1052, 1055–1056, 23 N.Y.S.3d 121, 44 N.E.3d 196 ; People v. Conceicao, 26 N.Y.3d 375, 383–384, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Harris, 61 N.Y.2d 9, 20–21, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Fraser, 192 A.D.3d at 703, 139 N.Y.S.3d 560 ).

  4. People v. Rojas

    No. 2019-01807 (N.Y. App. Div. Jul. 28, 2021)

    The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see CPL 220.60[3]; 470.05[2]; People v Lopez, 71 N.Y.2d 662, 665-666; People v Smith, 193 A.D.3d 986; People v Fraser, 192 A.D.3d 702, 703). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v Sougou, 26 N.Y.3d 1052, 1055-1056; People v Conceicao, 26 N.Y.3d 375, 383-384; People v Harris, 61 N.Y.2d 9, 20-21; People v Fraser, 192 A.D.3d at 703).

  5. People v. Rojas

    2021 N.Y. Slip Op. 4562 (N.Y. Sup. Ct. 2021)

    The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see CPL 220.60[3]; 470.05[2]; People v Lopez, 71 N.Y.2d 662, 665-666; People v Smith, 193 A.D.3d 986; People v Fraser, 192 A.D.3d 702, 703). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v Sougou, 26 N.Y.3d 1052, 1055-1056; People v Conceicao, 26 N.Y.3d 375, 383-384; People v Harris, 61 N.Y.2d 9, 20-21; People v Fraser, 192 A.D.3d at 703).

  6. People v. Rojas

    2021 N.Y. Slip Op. 4562 (N.Y. Sup. Ct. 2021)

    The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see CPL 220.60[3]; 470.05[2]; People v Lopez, 71 N.Y.2d 662, 665-666; People v Smith, 193 A.D.3d 986; People v Fraser, 192 A.D.3d 702, 703). In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v Sougou, 26 N.Y.3d 1052, 1055-1056; People v Conceicao, 26 N.Y.3d 375, 383-384; People v Harris, 61 N.Y.2d 9, 20-21; People v Fraser, 192 A.D.3d at 703).

  7. People v. Fraser

    2021 N.Y. Slip Op. 97704 (N.Y. 2021)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 2d Dept: 192 A.D.3d 702 (Nassau)

  8. People v. Gutierrez

    194 A.D.3d 839 (N.Y. App. Div. 2021)   Cited 8 times

    In any event, the defendant's contention that his plea was not knowing, intelligent, and voluntary is without merit. Contrary to the defendant's contention, the record demonstrates that his decision to plead guilty was knowing, intelligent, and voluntary (see generallyPeople v. Hill, 9 N.Y.3d 189, 191, 849 N.Y.S.2d 13, 879 N.E.2d 152 ; People v. Hidalgo, 91 N.Y.2d 733, 736, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Fiumefreddo, 82 N.Y.2d 536, 543–544, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Fraser, 192 A.D.3d 702, 139 N.Y.S.3d 560 ; People v. Hendrix, 172 A.D.3d 1224, 1224, 98 N.Y.S.3d 889 ; People v. Moye, 170 A.D.3d 1198, 1199, 95 N.Y.S.3d 535 ; People v. Rifino, 143 A.D.3d 741, 743, 39 N.Y.S.3d 37 ). CHAMBERS, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.