Legal Opinion
People v. Huchital
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2005PublishedCited by 8 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 23, 2002, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s argument that the County Court failed to conduct an adequate plea allocution is not preserved for appellate review (see People v Toxey, 86 NY2d 725 [1995]; People v Eaton, 14 AD3d 577 [2005]), and this is not a “rare case” presenting an exception to the preservation requirement (People v Lopez, 71 NY2d 662, 666 [1988]; see…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. HarrellAppellate Division of the Supreme Court of the State of New York · 2001
- People v. EatonAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by8 opinions
- People v. LegradyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GalloAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PratcherAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2006
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