People v. Colston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction (see CEL 220.60 [3]; 440.10; People v Lopez, 71 NY2d 662, 665 [1988]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Fiori, 24 AD3d 687 [2005]). Moreover, the “rare case” exception to the preservation requirement, as enunciated in People v Lopez (71 NY2d at 666), does not apply here because the defendant’s allocution did not clearly cast significant doubt on his guilt, negate an…
2Cases cited7 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. PellegrinoNew York Court of Appeals · 1983
- People v. SeeberNew York Court of Appeals · 2005
- People v. NashAppellate Division of the Supreme Court of the State of New York · 2007
- People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. McKenzieAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RojasAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ScivoletteAppellate Division of the Supreme Court of the State of New York · 2011
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 2014
7 more not listed; retrieve them via the Exa API.