People v. Alvarado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Since defendant’s plea withdrawal application was made on different grounds from those asserted on appeal, his claim that the plea was rendered involuntary by the court’s allegedly inaccurate description of defendant’s sentencing exposure is unpreserved (see People v Cerveira, 6 AD3d 294 [2004], lv denied 3 NY3d 704 [2004]), and we decline to review it in the interest of justice. Furthermore, defendant did not make a CPL 440.10 motion, and to the extent his argument raises issues concerning the advice provided by counsel, it is unreviewable on the present, unexpanded record. As an alternative…
2Cases cited4 opinions
- People v. CallahanNew York Court of Appeals · 1992
- People v. FordNew York Court of Appeals · 1995
- People v. SammsNew York Court of Appeals · 2000
- People v. CerveiraAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by3 opinions
- People v. RossboroughAppellate Division of the Supreme Court of the State of New York · 2013
- People v. RossboroughAppellate Division of the Supreme Court of the State of New York · 2013
- ROSSBOROUGH, RONALD D., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013