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People v. Reynolds

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 937 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Abuse, 1st Degree.

PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

By failing to move to withdraw his plea or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution is factually insufficient ( see, People v Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839). The knowing, voluntary and intelligent waiver by defendant of the right to appeal encompasses his contention that County Court erred in denying his suppression motion ( see, People v. Allen, 267 A.D.2d 1063, lv denied 94 N.Y.2d 916), as well as his contention concerning the severity of the sentence ( see, People v. Hidalgo, 91 N.Y.2d 733, 737). Defendant received effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147).


Summaries of

People v. Reynolds

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 937 (N.Y. App. Div. 2000)
Case details for

People v. Reynolds

Case Details

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

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 937 (N.Y. App. Div. 2000)
718 N.Y.S.2d 693

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