Legal Opinion

People v. Nightingale

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

Decided March 23, 1992PublishedCited by 2 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered June 28, 1990, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

*833The defendant failed to preserve for appellate review the issue of the sufficiency of his plea allocution (see, People v Lopez, 71 NY2d 662; People v Horn, 161 AD2d 492; People v Hladky, 158 AD2d 616, 618). Even if we were to find that the defendant’s claim falls within the narrow exception to the preservation rule (see, People v Lopez, supra, at 667;…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HladkyAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. KalwasinskiAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. HornAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. AnderwkavichAppellate Division of the Supreme Court of the State of New York · 1992

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