Legal Opinion
People v. Young
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 22 opinions
1Opinion of the Court
The defendant’s challenge to the factual sufficiency of her plea allocution is unpreserved for appellate review (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]). Moreover, the “rare case” exception to the preservation requirement does not apply here because the defendant’s allocution did not cast significant doubt on her guilt, negate an essential element of the crime, or call into question the voluntariness of her plea (People v Lopez, 71 NY2d 662, 666 [1988]; see People v Infante, 71 AD3d 1047, 1048 [2010]). In any event, the facts admitted by the defendant during her plea…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. SeeberNew York Court of Appeals · 2005
- People v. InfanteAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by22 opinions
- People v. SoriaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WattsAppellate Division of the Supreme Court of the State of New York · 2012
- People v. StoneAppellate Division of the Supreme Court of the State of New York · 2012
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