Legal Opinion
People v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 2010PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the *1060defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered December 20, 2007, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the plea allocution was factually insufficient to establish the crime of assault in the first degree is not preserved for appellate review as the defendant failed to move either to withdraw his plea prior to sentencing or to vacate the judgment pursuant to CPL 440.10 (see CPL 470.05 [2]; People v Toxey, 86 NY2d…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. ElcineAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HuchitalAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SwantonAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ScivoletteAppellate Division of the Supreme Court of the State of New York · 2011
- People v. PaddyfoteAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PaddyfoteAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PoznanskiAppellate Division of the Supreme Court of the State of New York · 2013