People v. Ayala
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted robbery in the first degree. By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for appellate review his challenge to the *1128factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v Lopez, 212 AD2d 1053, 1054, lv denied 85 NY2d 976; People v Hoffman, 210 AD2d 995, lv denied 84 NY2d 1032). This is not one of those "rare case[s]” in which "defendant’s recitation of…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. StableyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ShadeAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2001