People v. Harley

Order, Supreme Court, New York County (Maxwell Wiley, J.), entered on or about February 11, 2016, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered March 26, 2014, unanimously affirmed.

By pleading guilty in the underlying proceeding, defendant automatically forfeited appellate review of his claim, based on People v Zinke (76 NY2d 8 [1990]), that he had an ownership interest in the stolen property, and thus could not be guilty of larceny (see People v Plunkett, 19 NY3d 400 [2012]; see also People v Levin, 57 NY2d 1008 [1982]; People v Mendez, 25 AD3d 346…