Legal Opinion

People v. Gilley

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

Decided May 3, 1999Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 6, 1998, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant did not move to withdraw his plea, or to vacate the judgment of conviction, he has failed, as a matter of law, to preserve for appellate review his claim regarding the sufficiency of the plea (see, People v Lopez, 71 NY2d 662, 665; People v Claudio, 64 NY2d 858; People v Clark, 254 AD2d 299).

The plea of guilty was entered into…

2Cases cited8 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. HarrisNew York Court of Appeals · 1983
  3. People v. NixonNew York Court of Appeals · 1967
  4. People v. ClaudioNew York Court of Appeals · 1985
  5. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1998

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