People v. Sanchez

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MIKOLL
• Citation: People v. Sanchez, 654 N.Y.S.2d 178, 224 A.D.2d 782 (N.Y. App. Div. 1996)
• Decision Date: 08 February 1996
• Parties: The PEOPLE of the State of New York, Respondent, v. Carmelo SANCHEZ, Appellant.

Page 178

654 N.Y.S.2d 178

224 A.D.2d 782

The PEOPLE of the State of New York, Respondent, v. Carmelo SANCHEZ, Appellant.

Supreme Court, Appellate Division Third Department.

Feb. 8, 1996.

Cliff Gordon, Monticello, for appellant.

Stephen F. Lungen, District Attorney (Bonnie M. Mitzner, of counsel), Monticello, for respondent.

Before MIKOLL, J.P., and MERCURE, WHITE, CASEY and PETERS, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court of Sullivan County (Kane, J), rendered September 2, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In satisfaction of a five-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and was sentenced as a second felony offender to a prison term of 4 1/2 to 9 years. On appeal, he contends that his guilty plea was not knowingly, voluntarily or intelligently made because of his medical condition at the time of the plea. Initially, inasmuch as defendant failed to move to withdraw or vacate his plea, we find that he has waived his right to challenge it on appeal (see, CPL § 440.10; People v. Claudio, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 476 N.E.2d 644; People v. Warren, 47 N.Y.2d 740, 741, 417...