Appellate Division of the Supreme Court of New York, 2000

People v. Nixon

Appellate Division of the Supreme Court of New York · Decided December 27, 2000

278 A.D.2d 941; 718 N.Y.S.2d 680; 2000 N.Y. App. Div. LEXIS 13569

Cases that cite this one

3 later published cases cite this decision.

People v. Banner (Appellate Division of the Supreme Court of New York 2002)
People v. McCorkle (Appellate Division of the Supreme Court of New York 2002)
People v. Hobart (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that he was coerced into pleading guilty (see, People v Williams, 272 AD2d 986; People v Newman [appeal No. 1], 231 AD2d 875, lv denied 89 NY2d 944). In any event, that contention is without merit. Defendant further contends that he could not be convicted of both criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal pos*942session of a controlled substance in the third degree (Penal Law § 220.16 [1]) because both counts involved the same cocaine. We reject that contention (see, People v Campbell, 175 AD2d 612, lv denied 78 NY2d 1074; People v Thomas, 174 AD2d 994, 995, lv denied 78 NY2d 1015). (Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Wisner, J. P., Hurlbutt, Scudder and Kehoe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.