Legal Opinion

People v. DeFrance

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

Decided October 1, 1999No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) and one count of criminal mischief in the fourth degree (Penal Law § 145.00 [3]). Because defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction, he has .failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v Engert, 263 AD2d 959; People v Williams, 258 AD2d 942, lv denied 93 NY2d 880;…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. EngertAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. StableyAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. FrancisAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. People v. McDonnellAppellate Terms of the Supreme Court of New York · 2010

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