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People v. Luksch

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 895 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Erie County Court, DiTullio, J. — Felony Driving While Intoxicated.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in failing to afford her an opportunity to withdraw her plea before imposing an enhanced sentence (see, People v. Selikoff, 35 N.Y.2d 227, 241, cert denied 419 U.S. 1122). That contention is not preserved for our review (see, CPL 470.05; People v. Dremeguila, 166 A.D.2d 196, lv denied 76 N.Y.2d 1020; People v. Ifill, 108 A.D.2d 202, 203), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).

PRESENT: GREEN, J. P., PINE, WISNER, CALLAHAN AND BALIO, JJ.


Summaries of

People v. Luksch

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 895 (N.Y. App. Div. 1999)
Case details for

People v. Luksch

Case Details

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

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 895 (N.Y. App. Div. 1999)
696 N.Y.S.2d 725

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