People v. Rufa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s valid waiver of his right to appeal precludes review of his challenge to the factual adequacy of his plea allocution (see People v Nash, 38 AD3d 684 [2007]; People v Mydosh, 27 AD3d 580 [2006]; People v Curras, 1 AD3d 445, 446 [2003]). To the extent that the defendant contends that his plea was not knowing or voluntary, his claim is unpreserved for appellate review since he did not move to withdraw his plea or to vacate the judgment on that ground (see People v Elcine, 43 AD3d 1176, 1177 [2007]; People v Nash, 38 AD3d 684 [2007]; People v Burgess, 21 AD3d 904 [2005]). The…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ElcineAppellate Division of the Supreme Court of the State of New York · 2007
- People v. NashAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2007
- People v. MydoshAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by7 opinions
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- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. KornegayAppellate Division of the Supreme Court of the State of New York · 2009
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