Legal Opinion

People v. Battle

Appellate Division of the Supreme Court of the State of New York

Decided February 16, 1993Published

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered September 5, 1990, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant did not move to withdraw his plea of guilty or challenge its validity prior to sentencing, he has not preserved for appellate review the claim that the plea allocution was defective (see, People v Lopez, 71 NY2d 662, 665; People v Pellegrino, 60 NY2d 636; People v Pierce, 185 AD2d 1000). In any event, upon our review…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. PellegrinoNew York Court of Appeals · 1983
  3. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. DuffAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. McKinnonAppellate Division of the Supreme Court of the State of New York · 1991

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