Legal Opinion

People v. Wheeler

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

Decided October 15, 1996Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered February 24, 1995, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, his failure to make an application to vacate his plea of guilty before sentencing renders the issue of the sufficiency of his admission to every element of the crime during the plea allocution unpreserved for appellate review (see, People v Pascale, 48 NY2d 997; People…

2Cases cited5 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. PellegrinoNew York Court of Appeals · 1983
  3. People v. PascaleNew York Court of Appeals · 1980
  4. People v. DuffAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. McCoyAppellate Division of the Supreme Court of the State of New York · 1984

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