Legal Opinion

People v. Feliciano

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

Decided December 21, 2001Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the plea or 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 Barry, 288 AD2d 940). Contrary to the contention of defendant, this is not one of those rare cases in which preservation is not required; his recitation of the facts underlying the crime to which he pleaded guilty did not cast significant doubt upon his guilt or otherwise call into question the voluntariness of the plea…

2Cases cited2 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. BarryAppellate Division of the Supreme Court of the State of New York · 2001

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