PEOPLE v. JENKS

102143

69 A.D.3d 1120 (2010)

891 N.Y.S.2d 766

2010 NY Slip Op 408

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES A. JENKS, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 21, 2010.


McCARTHY, J.

Defendant pleaded guilty to one count of criminal sexual act in the third degree — the top count in a seven-count indictment — and was sentenced as a second felony offender to a prison term of 2 to 4 years. Defendant claims that the record fails to demonstrate a knowing, voluntary and intelligent plea and waiver of his right to appeal. We disagree.

Initially, we note that defendant's failure to move to withdraw his plea or vacate...

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