People v. Vanier

— Yesawich, Jr., J.

Defendant now asserts that acceptance of his guilty plea was constitutionally impermissible as the plea allocution did not establish an essential element of the crime, namely, intent to commit murder. This issue has not, however, been preserved for appellate review for defendant failed to move to withdraw the plea before sentencing or to raise the issue by a motion to vacate the judgment of conviction (People v Claudio, 64 NY2d 858). Beyond that, it is established law that “where the defendant’s story does not square with the crime to which he is pleading”, County Court may…