People v. Baez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered April 25, 2014, convicting defendant, upon his plea of guilty, of burglary in the third degree and auto stripping in the third degree, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.
Defendant did not preserve his challenge to his plea allocution, and we decline to review it in the interest of justice. The narrow exception to the preservation rule explained in People v Lopez (71 NY2d 662, 665-666 [1988]) does not apply because defendant’s factual recitation…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. LevinNew York Court of Appeals · 1982
- People v. GreemanAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by1 opinion
- People v. FontanezAppellate Division of the Supreme Court of the State of New York · 2025