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People v. Merritt

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 732 (N.Y. App. Div. 1999)

Opinion

Decided October 28, 1999

Appeal from a judgment of the County Court of Columbia County (Czajka, J.).


Defendant pleaded guilty to an indictment charging him with a single count of criminal possession of a controlled substance in the first degree and was sentenced to a prison term of 15 years to life. Defendant now appeals, contending that his guilty plea was involuntarily obtained.

We affirm. Initially, in view of defendant's failure to move to withdraw his guilty plea or to vacate the judgment of conviction, his challenge to the validity of his plea has not been preserved for our review (see, People v. Santos, 247 A.D.2d 651, lv denied 92 N.Y.2d 905). In any event, were we to consider the merits, our review of the record discloses that defendant's plea was entered into knowingly, voluntarily and intelligently. County Court engaged in an extensive colloquy with defendant explaining the consequences of pleading guilty including the rights relinquished thereby (see, People v. Toledo, 243 A.D.2d 925). Defendant related that he was pleading guilty voluntarily and without coercion, that he was afforded an adequate opportunity to discuss the matter with his counsel and fully understood the ramifications of his plea and the sentencing options available to the court (see, People v. Victor, 262 A.D.2d 872, 694 N.Y.S.2d 774;People v. Johnson, 243 A.D.2d 997, lv denied 91 N.Y.2d 927). Accordingly, the judgment of conviction will not be disturbed.

MIKOLL, YESAWICH JR., PETERS and MUGGLIN, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Merritt

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 732 (N.Y. App. Div. 1999)
Case details for

People v. Merritt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY MERRITT…

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 732 (N.Y. App. Div. 1999)
697 N.Y.S.2d 712

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