People v. Osorio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered November 2, 1989, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.
Defendant’s challenge to the sufficiency of the plea allocution is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw the plea or vacate the judgment of conviction and there being nothing in the allocution that should have put the court on notice that defendant had a justification defense under Penal Law .§ 35.15…
2Cases cited3 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. LeGrandAppellate Division of the Supreme Court of the State of New York · 1989
- People v. CampoAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Davis v. KeaneDistrict Court, S.D. New York · 1998