Appellate Division of the Supreme Court of New York, 2011

People v. Hardee

Appellate Division of the Supreme Court of New York · Decided May 3, 2011

84 A.D.3d 835; 922 N.Y.S.2d 785

Cases that cite this one

14 later published cases cite this decision.

People v. Taylor (Appellate Division of the Supreme Court of New York 2015)
People v. Spencer (Appellate Division of the Supreme Court of New York 2017)
People v. Duchatellier (Appellate Division of the Supreme Court of New York 2016)
People v. Lincoln (Appellate Division of the Supreme Court of New York 2015)
People v. Devodier (Appellate Division of the Supreme Court of New York 2013)
People v. Devodier (Appellate Division of the Supreme Court of New York 2013)
People v. Hernandez (Appellate Division of the Supreme Court of New York 2013)
People v. Hernandez (Appellate Division of the Supreme Court of New York 2013)
People v. Abdul (Appellate Division of the Supreme Court of New York 2013)
People v. Abdul (Appellate Division of the Supreme Court of New York 2013)
People v. Ovalle (Appellate Division of the Supreme Court of New York 2013)
People v. Ovalle (Appellate Division of the Supreme Court of New York 2013)
People v. Crews (Appellate Division of the Supreme Court of New York 2012)
People v. Baxter (Appellate Division of the Supreme Court of New York 2011)

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 County Court, Westchester County (Hubert, J.), rendered May 6, 2010, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of his plea allocution (see People v Brown, 78 AD3d 723 [2010]; People v Johnson, 73 AD3d 951 [2010]).

Since the defendant failed to move to withdraw his plea, his current contention that the plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review *836(see CPL 470.05 [2]; People v LeGrady, 50 AD3d 1059, 1060 [2008]). In any event, the record reveals that the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536 [1993]; People v Hollingsworth, 74 AD3d 1359 [2010]). Mastro, J.E, Rivera, Austin and Roman, JJ., concur.

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