People v. Mack
Decision Date | 28 April 1981 |
Parties | , 422 N.E.2d 572 The PEOPLE of the State of New York, Respondent, v. Willie MACK, Appellant. |
Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, 75 A.D.2d 586, 426 N.Y.S.2d 792.
Defendant appeals from an order affirming his conviction, on a plea of guilty, of assault in the second degree. The underlying alleged error on which he grounds his appeal was the denial of his motion to dismiss the indictment for failure of compliance with the provisions of former subdivision 2 of section 812 of the Family Court Act (L. 1977, ch. 449), which at the time of his prosecution provided:
It is his contention that the criminal action was jurisdictionally defective because the proceeding concerned acts which would constitute assault in the second degree between spouses and because his wife as complainant was never advised of the procedures available for the institution of family offense proceedings in Family Court in compliance with the statutory prescription.
There is a threshold procedural obstacle to...
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...attempt to preserve this issue at trial is insufficient to evade the consequences of his guilty plea (see, People v. Mack, 53 N.Y.2d 803, 806, 439 N.Y.S.2d 912, 422 N.E.2d 572). Defendant also contends that his Batson motion should be treated in the same manner as the denial of a suppressio......
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People v. Thomas
...1 Absent the People's consent and the court's approval, appellate review would be foreclosed by our holding in People v. Mack, 53 N.Y.2d 803, 806, 439 N.Y.S.2d 912, 422 N.E.2d 572 that "A defendant cannot by a unilateral recital of an intention or desire to preserve a legal contention evade......
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People v. Richardson
...584, affd. 55 N.Y.2d 776, 447 N.Y.S.2d 246, 431 N.E.2d 972; People v. Mack, 75 A.D.2d 586, 587, 426 N.Y.S.2d 792, affd. 53 N.Y.2d 803, 439 N.Y.S.2d 912, 422 N.E.2d 572). Regarding the claim of ineffective assistance of counsel in failing to secure defendant's right to testify before the Gra......
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