People v. Mackey
Cases that cite this one
41 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Mesquite (Appellate Division of the Supreme Court of New York 1996)
- People v. Bellinger (Appellate Division of the Supreme Court of New York 2019)
- People v. Nelson (Appellate Division of the Supreme Court of New York 2009)
- People v. Delayo (Appellate Division of the Supreme Court of New York 2008)
- People v. Covington (Appellate Division of the Supreme Court of New York 2006)
- People v. Loadholt (Appellate Division of the Supreme Court of New York 2005)
- People v. Oldham (Appellate Division of the Supreme Court of New York 2005)
- People v. Fiallo (Appellate Division of the Supreme Court of New York 2004)
- People v. Stamatelos (Appellate Division of the Supreme Court of New York 2004)
- People v. Rivera (Appellate Division of the Supreme Court of New York 2003)
- People v. Jones (Appellate Division of the Supreme Court of New York 2002)
- People v. Gonzalez (Appellate Division of the Supreme Court of New York 2002)
- People v. Craig (Appellate Division of the Supreme Court of New York 2001)
- People v. Potter (Appellate Division of the Supreme Court of New York 2001)
- People v. McCoy (Appellate Division of the Supreme Court of New York 2000)
- People v. Brooks (Appellate Division of the Supreme Court of New York 2000)
- People v. Gomez (Appellate Division of the Supreme Court of New York 2000)
- People v. Rowe (Appellate Division of the Supreme Court of New York 2000)
- People v. Timber (Appellate Division of the Supreme Court of New York 1998)
- People v. Vega (Appellate Division of the Supreme Court of New York 1998)
- People v. James (Appellate Division of the Supreme Court of New York 1997)
- People v. Brown (Appellate Division of the Supreme Court of New York 1997)
- People v. Brown (Appellate Division of the Supreme Court of New York 1997)
- People v. Bell (Appellate Division of the Supreme Court of New York 1997)
- People v. Lewis (Appellate Division of the Supreme Court of New York 1995)
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.
Defendant was indicted on two counts of criminal sale of a controlled substance in the third degree. Following allocution, he entered a plea of guilty to both charges. At the sentencing hearing, defendant moved to have the guilty plea withdrawn on the grounds of ineffective assistance of counsel and his misunderstanding of the sentence to be imposed by the court. The District Attorney’s objection to defendant’s motion was sustained and the court proceeded to sentence defendant as a second felony offender.
On this appeal, defendant urges that he should be permitted to withdraw his plea because the plea allocution suggested the availability of an agency defense, a claim which he made for the first time at the Appellate Division. Not having raised this issue in his motion to withdraw the plea or otherwise in the court of first instance, defendant has preserved no error for our review (People v. Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636; People v Warren, 47 NY2d 740).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order affirmed in a memorandum.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.