AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL SCHAURER, Appellant.

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the first degree (Penal Law § 220.43). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution with respect to the weight of the cocaine he sold ( see People v Lopez, 71 NY2d 662, 665; People v Perry, 21 AD3d 1352, lv denied 5 NY3d 884 [2005]). Likewise, defendant's challenge to the constitutionality of Penal Law § 220.43 has not been preserved for our review ( see People v Baumann Sons Buses, Inc., 6 NY3d 404, 408, rearg denied 7 NY3d 742; People v Davidson, 98 NY2d 738, 739-740), nor was the requisite notice given to the Attorney General ( see Executive Law § 71; People v McKeehan, 2 AD3d 1421, 1422, lv denied 3 NY3d 644).

Use AI to get other relevant cases.

Comments

PEOPLE v. SCHAURER
(Sep 22, 2006)