From Casetext: Smarter Legal Research

People v. Higgs

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 233 (N.Y. App. Div. 1999)

Opinion

Submitted September 29, 1999

November 1, 1999

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

Appeals by the defendant from two judgments of the County Court, Dutchess County (Marlow, J.), both rendered November 5, 1997, convicting him of criminal possession of a controlled substance in the second degree, under Indictment No. 18/97, and criminal possession of a controlled substance in the fourth degree, driving while intoxicated, vehicular assault in the second degree and leaving the scene of an accident without reporting, under Indictment No. 62/97, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

Initially, we note that the defendant never moved to withdraw his plea of guilty under Indictment No. 62/97 or his Alford plea (see,North Carolina v. Alford, 400 U.S. 25 ) under Indictment No. 18/97. Thus, his present contention that these pleas were coerced is not preserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636 ). In any event, our review of the record demonstrates that the defendant's pleas were voluntarily, knowingly, and intelligently entered (see, People v. Harris, 61 N.Y.2d 9 ; see also, People v. Fiumefreddo, 82 N.Y.2d 536 ; People v. Stephens, 188 A.D.2d 345 ).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.


Summaries of

People v. Higgs

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 233 (N.Y. App. Div. 1999)
Case details for

People v. Higgs

Case Details

Full title:THE PEOPLE, etc., respondent, v. JAMES HIGGS, appellant. (Ind. Nos. 18/97…

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 233 (N.Y. App. Div. 1999)
696 N.Y.S.2d 902

Citing Cases

People v. Powell

The defendant's waiver does not encompass his challenge to the voluntariness of his plea (see, People v.…

People v. Nicholas

Moreover, to the extent these issues were raised in the defendant's motion pursuant to CPL 440.10, they are…