People v. Scoca

Decision Date20 March 2007
Docket Number2005-08641.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SCOCA, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the judgment is affirmed.

The defendant's claim that the plea of guilty was not knowing, voluntary, and intelligent because it was coerced is unpreserved for appellate review since he did not move to withdraw his plea on that basis (see People v Velazquez, 21 AD3d 388 [2005]; People v Reels, 17 AD3d 488 [2005]; People v Morales, 17 AD3d 487 [2005]).

The defendant's challenge, on the ground that he did not violate a condition of the plea agreement, to the imposition of an enhanced sentence also is unpreserved for appellate review since he failed to object to the sentence or move to withdraw his plea on that basis (see People v Godfrey, 33 AD3d 623 [2006], lv denied 8 NY3d 846 [2007]; People v Thomas, 2 AD3d 758 [2003]; People v Gayle, 224 AD2d 710 [1996]).

Schmidt, J.P., Krausman, Goldstein, Covello and Angiolillo, JJ., concur.

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  • People v. Mullen
    • United States
    • New York Supreme Court — Appellate Division
    • October 5, 2010
    ...since she did not move to withdraw her plea on that basis ( see People v. Bolton, 63 A.D.3d 1087, 880 N.Y.S.2d 558; People v. Scoca, 38 A.D.3d 801, 832 N.Y.S.2d 604; People v. Velazquez, 21 A.D.3d 388, 798 N.Y.S.2d 919). In any event, the defendant entered her plea after discussing the issu......
  • People v. Lopez
    • United States
    • New York Supreme Court — Appellate Division
    • September 25, 2013
    ...878;People v. Mullen, 77 A.D.3d 686, 686, 908 N.Y.S.2d 350;People v. Bolton, 63 A.D.3d 1087, 1087, 880 N.Y.S.2d 558;People v. Scoca, 38 A.D.3d 801, 801, 832 N.Y.S.2d 604). In any event, the defendant's claim is belied by the fact that, under oath, the defendant acknowledged that no one had ......
  • People v. Kulmatycski
    • United States
    • New York Supreme Court
    • April 5, 2011
    ...350;People v. Bolton, 63 A.D.3d 1087, 1087, 880 N.Y.S.2d 558;People v. Perez, 51 A.D.3d 1043, 1043, 861 N.Y.S.2d 63;People v. Scoca, 38 A.D.3d 801, 801, 832 N.Y.S.2d 604). In any event, nothing that occurred during his allocution called into question the voluntariness of his plea ( see Peop......
  • People v. Andre, 2014–05496
    • United States
    • New York Supreme Court — Appellate Division
    • January 9, 2019
    ...v. Aliano, 116 A.D.3d 874, 875, 983 N.Y.S.2d 735 ; People v. Browning, 44 A.D.3d 1067, 1067, 844 N.Y.S.2d 405 ; People v. Scoca, 38 A.D.3d 801, 801, 832 N.Y.S.2d 604 ). However, under the particular circumstances present here, we exercise our interest of justice jurisdiction to vacate the s......
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