Legal Opinion

People v. Morillo

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

Decided November 28, 1995PublishedCited by 3 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (David Stadtmauer, J.), rendered December 18, 1992, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s claim that his allocution was insufficient because the court failed to inquire about a possible justification defense *275is unpreserved for appellate review as a matter of law, defendant having neither moved to withdraw the plea before sentencing on that ground nor moved to vacate the judgment of conviction (People v Claudio, 64 NY2d 858).…

2Cases cited3 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. ClaudioNew York Court of Appeals · 1985

3Cited by3 opinions

  1. People v. DoctorAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. BryeAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. DowellAppellate Division of the Supreme Court of the State of New York · 1997

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