From Casetext: Smarter Legal Research

People v. Jones

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2012
92 A.D.3d 696 (N.Y. App. Div. 2012)

Opinion

2012-02-7

The PEOPLE, etc., respondent, v. Jovan JONES, appellant.

Matthew Muraskin, Port Jefferson, N.Y., for appellant. *863 Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.


Matthew Muraskin, Port Jefferson, N.Y., for appellant. *863 Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered June 2, 2010, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea on that ground ( see CPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Carr, 89 A.D.3d 1033, 933 N.Y.S.2d 372). In any event, the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Jones, 183 A.D.2d 918, 584 N.Y.S.2d 151).

ANGIOLILLO, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.


Summaries of

People v. Jones

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2012
92 A.D.3d 696 (N.Y. App. Div. 2012)
Case details for

People v. Jones

Case Details

Full title:The PEOPLE, etc., respondent, v. Jovan JONES, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 7, 2012

Citations

92 A.D.3d 696 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 983
937 N.Y.S.2d 862

Citing Cases

People v. Pelaez

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw…