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People v. Plaskett

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2003
303 A.D.2d 276 (N.Y. App. Div. 2003)

Opinion

550

March 20, 2003.

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered January 10, 2001, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

David S. Weisel, for respondent.

Michael E. Lipson, for defendant-appellant.

Before: Mazzarelli, J.P., Sullivan, Ellerin, Friedman, Gonzalez, JJ.


Defendant's challenge to the validity of his guilty plea is unpreserved (see People v. Lopez, 71 N.Y.2d 662), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the record establishes the voluntariness of the plea. Defendant, who was experienced in criminal matters and was represented by competent counsel, was sufficiently apprised of the rights that he was waiving as a result of his plea (see Boykin v. Alabama, 395 U.S. 238; People v. Harris, 61 N.Y.2d 9), including his right to appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Plaskett

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 2003
303 A.D.2d 276 (N.Y. App. Div. 2003)
Case details for

People v. Plaskett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN PLASKETT…

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

Date published: Mar 20, 2003

Citations

303 A.D.2d 276 (N.Y. App. Div. 2003)
755 N.Y.S.2d 613

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