People v. Petty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Having failed to move to withdraw his plea (see, CPL 220.60 [3]) or to vacate the judgment of conviction (see, CPL 440.10), defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 666; People v Tranka, 191 AD2d 903, lv denied 81 NY2d 1021). Further, the record of the plea allocution shows that defendant’s factual recitation did not "negate! ] an essential element of the crime pleaded to”, or otherwise "clearly cast! ] significant doubt upon the defendant’s guilt” (People…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SerranoNew York Court of Appeals · 1965
- People v. BeasleyNew York Court of Appeals · 1969
- People v. TrankaAppellate Division of the Supreme Court of the State of New York · 1993