People v. Diaz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered March 11, 2011, convicting defendant, upon his plea of guilty, of operating *424a motor vehicle while under the influence of alcohol, and sentencing him to a conditional discharge and a $500 fine, unanimously affirmed.
Since defendant never moved to withdraw his guilty plea or to vacate the judgment of conviction, his challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice (see People v Lopez, 71 NY2d 662, 666 [1988]). The narrow exception to the preservation rule is not…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SantiagoNew York Court of Appeals · 2011
- People v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. NyarkoAppellate Division of the Supreme Court of the State of New York · 2012