Legal Opinion
People v. Spain
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1985PublishedCited by 7 opinions
1Opinion of the Court
We note that the issue raised by defendant concerning his plea of guilty was not presented to the court of first instance by way of a motion to withdraw the plea or vacate the judgment. Accordingly, the issue has not been preserved for review (see, People v Pellegrino, 60 NY2d 636; People v Harris, 100 AD2d 853; People v Willie, 101 AD2d 819). In any event, were we to address the merits, we would affirm.
Defendant contends that the County Court erred by accepting his plea without a sufficient factual basis to establish that he *725knowingly entered or remained unlawfully in the burglarized…
2Cases cited5 opinions
- People v. HarrisNew York Court of Appeals · 1983
- People v. PellegrinoNew York Court of Appeals · 1983
- People v. NixonNew York Court of Appeals · 1967
- People v. WillieAppellate Division of the Supreme Court of the State of New York · 1984
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by7 opinions
- People v. CoulterAppellate Division of the Supreme Court of the State of New York · 1997
- People v. KimAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ParillaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. AbdullaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1989
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