PEOPLE v. TISDALE

471 KA 20-01678.

207 A.D.3d 1194 (2022)

169 N.Y.S.3d 867

2022 NY Slip Op 04484

The People of the State of New York, Respondent, v. Michael A. Tisdale, Appellant. (Appeal No. 2.)

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

KELIANN M. ARGY , ORCHARD PARK, FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN , DISTRICT ATTORNEY, WARSAW ( ADAM W. KOCH OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of driving while ability impaired by drugs (Vehicle and Traffic Law § 1192[4]), defendant contends that his guilty plea was not knowingly, voluntarily, and intelligently entered. Initially, as defendant asserts and the People correctly concede, that contention survives defendant's waiver of the right to...

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