New York Court of Appeals, 1980

People v. Pascale

New York Court of Appeals · Decided January 3, 1980

48 N.Y.2d 997; 401 N.E.2d 904; 425 N.Y.S.2d 547; 1980 N.Y. LEXIS 2049

Cases that cite this one

87 later published cases cite this decision. The 25 that cite it most often are listed here.

The People v. Christian Williams (N.Y. 2016)
Steven Mitchell v. Charles Scully, Superintendent, Greenhaven Correctional Facility (2d Cir. 1984)
Brooks v. Johnson (District Court, W.D. New York 2024)
People v. Jones (Appellate Division of the Supreme Court of New York 2001)
People v. Lunsford (Appellate Division of the Supreme Court of New York 2001)
People v. White (Appellate Division of the Supreme Court of New York 2000)
People v. Prashad (Appellate Division of the Supreme Court of New York 1999)
People v. Pane (Appellate Division of the Supreme Court of New York 1996)
People v. Wheeler (Appellate Division of the Supreme Court of New York 1996)
People v. DaCosta (Appellate Division of the Supreme Court of New York 1995)
People v. Herring (Appellate Division of the Supreme Court of New York 1992)
People v. Harris (Appellate Division of the Supreme Court of New York 1991)
People v. Speckman (Appellate Division of the Supreme Court of New York 1990)
People v. Esposito (Appellate Division of the Supreme Court of New York 1990)
People v. Beavers (Appellate Division of the Supreme Court of New York 1990)
People v. Serrano (Appellate Division of the Supreme Court of New York 1989)
People v. Camacho (Appellate Division of the Supreme Court of New York 1989)
People v. Lopez (N.Y. 1988)
People v. Alsaifullah (Appellate Division of the Supreme Court of New York 1988)
People v. Salandy (Appellate Division of the Supreme Court of New York 1988)
People v. Arrieta (Appellate Division of the Supreme Court of New York 1988)
People v. Fatscher (Appellate Division of the Supreme Court of New York 1988)
People v. Brownell (Appellate Division of the Supreme Court of New York 1988)
People v. Smith (Appellate Division of the Supreme Court of New York 1988)
People v. McAllister (Appellate Division of the Supreme Court of New York 1988)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The argument that the defendant should be relieved of his guilty *998plea was not raised by motion in the court of first instance prior to conviction and therefore has not been preserved for our review (People v Bell, 47 NY2d 839; People v Adams, 46 NY2d 1047). The denials of his postconviction motions are not before us on this appeal.

With respect to the claim of ineffective assistance of counsel, raised for the first time on appeal, there is nothing apparent in this record which would support this contention.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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