People v. Maldonado, 2004-08934.
Decision Date | 08 November 2006 |
Docket Number | 2004-08934. |
Citation | 34 A.D.3d 497,2006 NY Slip Op 08150,823 N.Y.S.2d 529 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL MALDONADO, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed.
Pursuant to CPL 440.10 (2) (c), a motion to vacate a judgment of conviction must be denied when, although sufficient facts appear on the record to have permitted adequate review, the defendant unjustifiably failed to raise the issue on his direct appeal. On the defendant's direct appeal, he argued, inter alia, that the court erred in sentencing him to an enhanced sentence without allowing him to vacate his plea of guilt. However, this Court declined to review that unpreserved contention (see People v Maldonado, 21 AD3d 430 [2005]). The same record clearly presented sufficient facts from which the defendant could have raised his present claims, inter alia, that his counsel at sentencing was ineffective, that the New York court lacked jurisdiction, and that there was prosecutorial misconduct before the grand jury. Since these issues could have been raised on direct appeal, they could not properly be raised on the CPL 440.10 motion (see People v Jossiah, 2 AD3d 877 [2003]; People v Smith, 269 AD2d 769 [2000]).
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People ex rel. Green v. Graham, 2007 NY Slip Op 32423(U) (N.Y. Sup. Ct. 8/2/2007)
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People v. Muhammad, 2009 NY Slip Op 31474(U) (N.Y. Sup. Ct. 3/26/2009), 9332/96
... ... Jossiah, 2 A.D.3d 877 (2d Dept. 2003), lv. denied, 2 N.Y.3d 742 (2004); People v. Nunez, 264 A.D.2d 487 (2d Dept. 1999); see People v. Maldonado, 34 A.D.3d 497,498 (2d Dept. 2006), lv. denied, 8 N.Y.3d 847 (2007); People v. Medina, 273 A.D.2d 119 (1st Dept. 2000), lv. denied, 96 N.Y.2d 736 ... ...
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