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People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 875 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

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

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


Judgment unanimously affirmed.

Memorandum:

Defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction, and thus his contention that the plea was not knowingly, intelligently and voluntarily entered is not preserved for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v Dunn [appeal No. 1] , 272 A.D.2d 928, lv denied 95 N.Y.2d 889 [decided Sept. 20, 2000]). The fact that County Court may have misinformed defendant of the potential for treatment as a persistent felon and the maximum sentence to which he was exposed is not dispositive; "whether a plea was knowing, intelligent, and voluntary is dependent upon a number of factors, `including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused'" ( People v. Garcia, 92 N.Y.2d 869, 870; see, People v. Lioto [appeal No. 1] , 261 A.D.2d 883, lv denied 93 N.Y.2d 1021; People v. Burnett, 221 A.D.2d 355, lv denied 87 N.Y.2d 920; People v. Bankowski, 134 A.D.2d 768, 770).


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 875 (N.Y. App. Div. 2000)
Case details for

People v. Jackson

Case Details

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

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 875 (N.Y. App. Div. 2000)
718 N.Y.S.2d 924

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