People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of robbery in the first degree (Penal Law § 160.15 [3]). By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v Hill [appeal No. 1], 254 AD2d 726, lv denied 92 NY2d 1050). We reject defendant’s contention that this is one of those rare case exceptions to the preservation rule; the plea allocution did…
2Cases cited3 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1999