People v. Eaton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered December 5, 2002, convicting him of incest, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the court failed to conduct an adequate plea allocution is unpreserved for appellate review, since the defendant did not move either to withdraw the plea of guilty or to vacate the judgment of conviction, and the “rare case” exception to the preservation requirement does not apply (People v Lopez, 71 NY2d 662, 666 [1988]; People v…
2Cases cited12 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. HarrisNew York Court of Appeals · 1983
- People v. DixonNew York Court of Appeals · 1971
- People v. ClaudioNew York Court of Appeals · 1985
- People v. DemostheneAppellate Division of the Supreme Court of the State of New York · 2003
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. IngramAppellate Division of the Supreme Court of the State of New York · 2011
8 more not listed; retrieve them via the Exa API.