People v. Brooks
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered June 7, 2005, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant claims that his plea of guilty was not knowing or voluntary because he allegedly was under the influence of marijuana at the time the plea was entered and that he received ineffective assistance of counsel. Because he moved for leave to withdraw the plea based only on grounds other than these, however, his present claims are not preserved for appellate review (see People v Clarke, 93 NY2d 904 [1999]; People v Pellegrino, 60 NY2d 636 [1983]; People v Bevins, 27 AD3d 572 [2006]; People v Martin, 7 AD3d 640 [2004]).
In any event, the County Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea of guilty to manslaughter in the first degree (see Penal Law § 125.20 [1]), following a hearing, upon finding that the plea was knowingly, voluntarily, and intelligently entered in the presence of the defendant’s counsel (see People v Holman, 33 AD3d 815 [2006]; People v Palmer, 29 AD3d 606 [2006]; People v Tis
Case-law data current through December 31, 2025. Source: CourtListener bulk data.