People v. Holt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: By failing to move to vacate his guilty plea or to vacate the judgment, defendant failed to preserve for review his challenge to the sufficiency of the plea allocution (see, People v Johnson, 82 NY2d 683, 685; People v Lopez, 71 NY2d 662, 665-666). Defendant’s second plea allocution does not fall within an exception to the preservation *995requirement inasmuch as defendant’s description of the facts did not negate an essential element of robbery in the second degree, injury to a non-participant. In any event, County Court conducted further inquiry to…
2Cases cited2 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. JohnsonNew York Court of Appeals · 1993
3Cited by1 opinion
- People v. AllredAppellate Division of the Supreme Court of the State of New York · 2000