People v. Bell

Decision Date05 June 1979
Citation47 N.Y.2d 839,418 N.Y.S.2d 584
Parties, 392 N.E.2d 570 The PEOPLE of the State of New York, Respondent, v. Gary E. BELL, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT

The order of the Appellate Division, 58 A.D.2d 941, 396 N.Y.S.2d 1018, should be affirmed. Not having raised the issue by motion to vacate or otherwise in the court of first instance, defendant's contention that he should be relieved of his guilty plea has not been preserved for our review. (People v. Warren, 47 N.Y.2d 740, 417 N.Y.S.2d 251, 390 N.E.2d 1175; People v. Adams, 46 N.Y.2d 1047, 416 N.Y.S.2d 588, 389 N.E.2d 1108.)

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG, JJ., concur.

Order affirmed in a memorandum.

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38 cases
  • Fuller v. Schultz
    • United States
    • U.S. District Court — Southern District of New York
    • August 27, 2008
    ...476 N.E.2d 644 (1985); People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938 (1983); People v. Bell, 47 N.Y.2d 839, 840, 418 N.Y.S.2d 584, 392 N.E.2d 570 (1979); People v. Warren, 47 N.Y.2d 740, 741, 417 N.Y.S.2d 251, 390 N.E.2d 1175 (1979). Here, Fuller did not pursue ......
  • People v. Mills
    • United States
    • New York Supreme Court — Appellate Division
    • September 24, 1984
    ...425 N.Y.S.2d 547, 401 N.E.2d 904; People v. Warren, 47 N.Y.2d 740, 741, 417 N.Y.S.2d 251, 390 N.E.2d 1175; People v. Bell, 47 N.Y.2d 839, 840, 418 N.Y.S.2d 584, 392 N.E.2d 570; People v. Collins, 97 A.D.2d 828, 468 N.Y.S.2d 847). Somewhat similarly, it is our view that defendant's failure t......
  • People v. Quick
    • United States
    • New York Supreme Court — Appellate Division
    • July 3, 1986
    ...the plea before County Court (see, People v. Pascale, 48 N.Y.2d 997, 998, 425 N.Y.S.2d 547, 401 N.E.2d 904; People v. Bell, 47 N.Y.2d 839, 840, 418 N.Y.S.2d 584, 392 N.E.2d 570; People v. Warren, 47 N.Y.2d 740, 741, 417 N.Y.S.2d 251, 390 N.E.2d 1175; People v. Conway, 499 N.Y.S.2d 22 (App.D......
  • People v. Ames
    • United States
    • New York Supreme Court — Appellate Division
    • June 5, 1992
    ...before Supreme Court to withdraw or vacate, defendant has failed to preserve this issue for our review (see, People v. Bell, 47 N.Y.2d 839, 418 N.Y.S.2d 584, 392 N.E.2d 570; People v. Bouges, 129 A.D.2d 967, 514 N.Y.S.2d 576; see also, People v. Claudio, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 476......
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