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People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1994
200 A.D.2d 515 (N.Y. App. Div. 1994)

Opinion

January 25, 1994

Appeal from the Supreme Court (James J. Leff, J.).


Defendant's contention that his pleas were not knowingly and intelligently entered has not been preserved for review, as a matter of law, since he did not move to withdraw the pleas or to vacate the judgment of conviction (People v. Lopez, 71 N.Y.2d 662, 665), and we decline to reach it in the interest of justice. If we were to consider this contention, we would find that those pleas were properly entered, in view of, inter alia, defendant's colloquy with Criminal Term concerning the effect of those pleas on his status as a felony offender, and his familiarity with the criminal justice system, as a result of his extensive criminal record (see, People v. Montford, 134 A.D.2d 207, 208, lv denied 70 N.Y.2d 1009).

We have considered defendant's remaining contention and find it without merit.

Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Tom, JJ.


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1994
200 A.D.2d 515 (N.Y. App. Div. 1994)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BUTLER, Also…

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

Date published: Jan 25, 1994

Citations

200 A.D.2d 515 (N.Y. App. Div. 1994)
606 N.Y.S.2d 686

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