Legal Opinion

People v. Rafter

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

Decided December 12, 1996PublishedCited by 11 opinions

1Opinion of the Court

—Carpinello, J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered August 9, 1994, convicting defendant upon his plea of guilty of the crimes of rape in the second degree and sodomy in the second degree (two counts).

Initially, defendant challenges the sufficiency of his plea allocution. However, because defendant failed to make a motion to withdraw the plea or vacate the judgment of conviction, this issue is not preserved for review (see, People v Lopez, 71 NY2d 662; People v Lewis, 211 AD2d 923, lv denied 86 NY2d 737). In any event, a review of the…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ChevalierAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BlairAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by11 opinions

  1. People v. GregoryAppellate Division of the Supreme Court of the State of New York · 2002
  2. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. McElhineyAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. AliceaAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. FullerAppellate Division of the Supreme Court of the State of New York · 1997

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