Legal Opinion

People v. Barry

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

Decided November 9, 2001PublishedCited by 2 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) and one count of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v Hill,…

2Cases cited2 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HillAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. People v. FelicianoAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. VerhowAppellate Division of the Supreme Court of the State of New York · 2002

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