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People v. Banner

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2002
291 A.D.2d 858 (N.Y. App. Div. 2002)

Opinion

KA 00-01492

February 1, 2002.

Appeal from a judgment of Monroe County Court (Marks, J.), entered April 6, 2000, convicting defendant upon his plea of guilty of, inter alia, murder in the second degree.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (ARTHUR G. WEINSTEIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he was coerced into pleading guilty ( see, People v. Nixon, 278 A.D.2d 941, lv denied 96 N.Y.2d 786). In any event, defendant's contention is without merit.


Summaries of

People v. Banner

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 2002
291 A.D.2d 858 (N.Y. App. Div. 2002)
Case details for

People v. Banner

Case Details

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

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

Date published: Feb 1, 2002

Citations

291 A.D.2d 858 (N.Y. App. Div. 2002)
736 N.Y.S.2d 924

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