People v. Ross
Cases that cite this one
7 later published cases cite this decision.
- People v. Smith (Appellate Division of the Supreme Court of New York 2008)
- People v. Perez (Appellate Division of the Supreme Court of New York 2018)
- People v. Infante (Appellate Division of the Supreme Court of New York 2010)
- People v. Wagstaff (Appellate Division of the Supreme Court of New York 2010)
- People v. Morton (Appellate Division of the Supreme Court of New York 2010)
- People v. Matos (Appellate Division of the Supreme Court of New York 2009)
- People v. Coleman (Appellate Division of the Supreme Court of New York 2007)
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
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered April 5, 2006, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contentions that his plea of guilty was not knowingly, voluntarily, and intelligently made, and that he was not provided with the effective assistance of counsel, are unpreserved for appellate review because he failed to move to withdraw his plea on these grounds (see People v Thompson, 28 AD3d 498 [2006]; People v Catts, 26 AD3d 341 [2006]). The exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 666 [1988]) is inapplicable herein because nothing in the plea allocution casts significant doubt on the defendant’s guilt, or calls into question the voluntariness of his plea (see People v Martin, 7 AD3d 640, 641 [2004]). In any event, based on the record, the defendant knowingly, voluntarily, and intelligently entered his plea of guilty (see People v Fiumefreddo, 82 NY2d 536, 543-547 [1993]; People v Sioleski, 21 AD3d 501, 502 [2005]; People v Leo, 255 AD2d 458, 459 [1998]).
To the extent that the defendant argues that his plea was invalid on the ground that he was denied the effective assistance of counsel because of his counsel’s alleged failure to advise him of potentially viable defenses, such contentions “cannot be reviewed on direct appeal since [they are] based on matter which
Case-law data current through December 31, 2025. Source: CourtListener bulk data.