Legal Opinion
People v. Mead
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 2006PublishedCited by 12 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered January 9, 2004, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
To preserve a challenge to the factual sufficiency of a plea allocution, the defendant must make a motion to withdraw his or her plea or a motion to vacate the judgment of conviction (see CPL 470.05 [2]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Pellegrino, 60 NY2d 636 [1983]). Where, however, the defendant’s factual recitation negates…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. PellegrinoNew York Court of Appeals · 1983
- People v. DeyesAppellate Division of the Supreme Court of the State of New York · 2004
- People v. McKeeverAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by12 opinions
- People v. PersaudAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AlonzoAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. Sanchez-MartinezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BillingsAppellate Division of the Supreme Court of the State of New York · 2009
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