PEOPLE v. TONEY

12304, 3101/01

116 A.D.3d 607 (2014)

983 N.Y.S.2d 797

2014 NY Slip Op 2729

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MACK TONEY, Appellant.

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

Decided April 22, 2014.


Defendant's challenge to the voluntariness of his underlying 2001 plea may not be raised on this appeal from a judgment of resentence (see People v Jordan, 16 N.Y.3d 845 [2011]; see also CPL 450.30 [3]). Although defendant asserts that he is challenging the resentencing itself as violating due process, that claim is without merit (see People v Lingle, 16 N.Y.3d 621 [2011]). Essentially...

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