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Top citers, strongest first. 4 distinct citers.
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discussed
Cited "see"
People v. Galland
Considering that defendant twice sold methamphetamine to a confidential informant and that she declined the opportunity to participate in drug treatment court, we cannot conclude that this is "one of those rare cases in which failure to dismiss [the indictment] would constitute an injustice" ( People v May , 100 AD3d 1411 , 1413 [4th Dept 2012], lv denied 20 NY3d 1063 [2013] [internal quotation marks omitted]; see People v Quadrozzi , 55 AD3d 93, 103 [2d Dept 2008], lv denied 12 NY3d 761 [2009]).
discussed
Cited "see"
People v. Dorvil
(2×)
As to that defense, defendant again offers nothing in support of his motion to establish the degree of his intoxication and, in any event, the potential testimony he references "falls short of establishing that defendant possessed — and counsel ignored — a viable intoxication defense" ( People v Guynup , 159 AD3d 1223, 1226 [3d Dept 2018], lv denied 31 NY3d 1082 [2018]; see People v Muller , 57 AD3d 1113, 1114-1115 [3d Dept 2008], lv denied 12 NY3d 761 [2009]; see generally People v Heidgen , 22 NY3d 259, 279 [2013], cert denied 574 US 1063 [2014]).
discussed
Cited "see"
People v. Jacques
The contention of defendant that he was denied effective assistance of counsel survives the plea and waiver of the right to appeal only to the extent that “he contends that his plea was infected by the allegedly ineffective assistance and that he entered the plea because of his attorney’s allegedly poor performance” (People v Bethune, 21 AD3d 1316 [2005], lv denied 6 NY3d 752 [2005]; see People v Neal, 56 AD3d 1211 [2008], lv denied 12 NY3d 761 [2009]).
discussed
Cited "see"
People v. Brown
Although the further ground for the contention of defendant that his plea was not knowingly, voluntarily, and intelligently entered “survives his valid waiver of the right to appeal. . . , defendant did not move to withdraw the plea or to vacate the judgment of conviction and thus failed to preserve his contention for our review” (People v Dozier, 59 AD3d 987, 987 [2009], lv denied 12 NY3d 815 [2009]; see People v Neal, 56 AD3d 1211 [2008], lv denied 12 NY3d 761 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
RICHMOND.
v.
RICHMOND.
New York Court of Appeals.
Feb 19, 2009.
Published
Application in criminal case for leave to appeal denied. (Read, J.)