Legal Opinion

People v. Ogihara

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2016No. 988 1875/13Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered October 28, 2014, convicting defendant, upon his plea of guilty, of grand larceny in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

Defendant’s challenge to his plea does not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375 [2015]; People v Peque, 22 NY3d 168, 183 [2013], cert denied sub nom. Thomas v New York, 574 US —, 135 S Ct 90 [2014]), and we decline to review this unpreserved claim in the interest of justice. As an…

2Cases cited5 opinions

  1. The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier SanchezNew York Court of Appeals · 2015
  2. People v. PequeNew York Court of Appeals · 2013
  3. People v. ToxeyNew York Court of Appeals · 1995
  4. Matter of OgiharaAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. MishkinAppellate Division of the Supreme Court of the State of New York · 1987

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