People v. James, 159 A.D.2d 723 (N.Y. App. Div. 1990). · Go Syfert
People v. James, 159 A.D.2d 723 (N.Y. App. Div. 1990). Cases Citing This Book View Copy Cite
11 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Maye (nyappdiv, 2009-07-07)
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discussed Cited as authority (rule) People v. Maye
N.Y. App. Div. · 2009 · confidence medium
Moreover, under these circumstances, no further inquiry was necessary and the court did not improvidently exercise its discretion in denying, without a hearing, the defendant’s motion to withdraw his plea of guilty (see People v Frederick, 45 NY2d 520 [1978]; People v Tinsley, 35 NY2d 926 [1974]; People v James, 159 AD2d 723, 724 [1990]; People v Brownlee, 158 AD2d 610 [1990]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Adolphus James, Jr.
Appellate Division of the Supreme Court of the State of New York.
Mar 26, 1990.
159 A.D.2d 723
Cited by 8 opinions  |  Published

Appeal by the defendant from a judgment of the County Court, Orange County (Patsalos, J.), rendered October 13, 1988, convicting him of attempted criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record reveals that, prior to the defendant’s adjudication as a second felony offender, the prosecution identified the prior conviction upon which it was relying, and the defendant was afforded a full opportunity to attack any aspect of that conviction in order to establish that it should not be used to enhance his sentence. However, both the defendant and his counsel conceded his status as a second felony offender, and no challenge was made to the imposition of the enhanced sentence. Under these circumstances, the defendant’s present contentions regarding the alleged impropriety of his adjudication as a second felony offender are unpreserved for appellate review (see, People v Sullivan, 153 AD2d 223). Thompson, J. P., Lawrence, Sullivan, Harwood and Balletta, JJ., concur.