New York Court of Appeals, 2001

People v. Ali

New York Court of Appeals · Decided June 7, 2001 · Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo Concur in Memorandum

754 N.E.2d 193; 96 N.Y.2d 840; 729 N.Y.S.2d 434; 2001 N.Y. LEXIS 1411 (North Eastern Reporter, Second Series)

Cases that cite this one

21 later published cases cite this decision.

People v. Bristel (Appellate Division of the Supreme Court of New York 2022)
People v. Brown (Appellate Division of the Supreme Court of New York 2021)
People v. Wilson (Appellate Division of the Supreme Court of New York 2019)
People v. Elliot (Appellate Division of the Supreme Court of New York 2016)
ROCKWELL, JOHN, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Rockwell (Appellate Division of the Supreme Court of New York 2016)
People v. Rockwell (Appellate Division of the Supreme Court of New York 2016)
People v. Perez (Appellate Division of the Supreme Court of New York 2015)
BOYD, DONIQUE, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Boyd (Appellate Division of the Supreme Court of New York 2012)
People v. Boyd (Appellate Division of the Supreme Court of New York 2012)
People v. Bruchanan (Appellate Division of the Supreme Court of New York 2007)
People v. Oldham (Appellate Division of the Supreme Court of New York 2005)
People v. Cerveira (Appellate Division of the Supreme Court of New York 2004)
People v. Pena (Appellate Division of the Supreme Court of New York 2004)
Disciplinary Counsel v. O'Neill (Ohio 2004)
People v. Burnett (Appellate Division of the Supreme Court of New York 2003)
People v. Gil (Appellate Division of the Supreme Court of New York 2002)
People v. Irizarry (Appellate Division of the Supreme Court of New York 2002)
People v. Stevens (Appellate Division of the Supreme Court of New York 2002)
People v. Ali (Appellate Division of the Supreme Court of New York 2001)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that court for further proceedings in accordance with this memorandum.

Because defendant failed to timely move to withdraw his guilty plea pursuant to CPL 220.60 (3), his claim that his guilty plea should be vacated has not been preserved as a question of law for review. The Appellate Division erroneously concluded that a question of law was preserved. Accordingly, the case must be remitted to the Appellate Division to allow that court to exercise its broader review power.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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