People v. Rosa

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), rendered May 16, 2012, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the third degree, and sentencing him to a fine of $300, unanimously affirmed.

Generally, a defendant must move to withdraw the plea or to vacate the judgment of conviction to preserve a claim that a guilty plea is invalid (see People v Conceicao, 26 NY3d 375, 381 [2015]). However, a narrow exception exists “where the particular circumstances of a case reveal that a defendant had no actual or practical ability…