People v. Medina
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution was deficient (see, People v Lopez, 71 NY2d 662, 665), and the “plea allocution does not qualify for the narrow, ‘rare case’ exception to the preservation doctrine” (People v Toxey, 86 NY2d 725, 726, rearg denied 86 NY2d 839, quoting People v Lopez, supra, at 666). Defendant also failed to preserve for our review his contention that he was improperly sentenced as a second felony…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. PellegrinoNew York Court of Appeals · 1983
- People v. ToxeyNew York Court of Appeals · 1995
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1998
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1997