Legal Opinion

People v. Byron

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

Decided October 1, 1993PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: By failing to make a motion in the sentencing court to withdraw his plea, defendant has failed to preserve his challenge to the sufficiency of the plea allocution (see, People v Pellegrino, 60 NY2d 636; People v Thompson, 143 AD2d 858, lv denied 73 NY2d 860) and we decline to review the issue in the interest of justice (see, CPL 470.15 [6]). The sentencing court did not abuse its discretion in denying defendant youthful offender status (see, People v Green, 143 AD2d 144, lv denied 72 NY2d 1045) or in imposing the maximum term permitted by law.…

2Cases cited3 opinions

  1. People v. PellegrinoNew York Court of Appeals · 1983
  2. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. GreenAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. People v. BoylesAppellate Division of the Supreme Court of the State of New York · 1994

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