People v. Stone
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 (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]). Moreover, the “rare case” exception to the preservation requirement does not apply here because the defendant’s allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea (People v Lopez, 71 NY2d 662, 666 [1988]; see People v Young, 88 AD3d 918 [2011]). In any event, the facts admitted by the defendant during his plea allocution…
2Cases cited6 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. NixonNew York Court of Appeals · 1967
- People v. ToxeyNew York Court of Appeals · 1995
- People v. SeeberNew York Court of Appeals · 2005
- People v. GoldsteinNew York Court of Appeals · 2009
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BlancoAppellate Division of the Supreme Court of the State of New York · 2019
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