Legal Opinion

People v. Lewis

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

Decided October 7, 2008Published

1Opinion of the Court

by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 28, 2007, convicting him of burglary in the second degree (nine counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the County Court improvidently exercised its discretion in denying his motion to withdraw his Alford plea (see North Carolina v Alford, 400 US 25 [1970]). However, the arguments raised on appeal were not raised before the County Court and, therefore, are not preserved for appellate review (see People v Smith, 43…

2Cases cited6 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  3. People v. AlexanderNew York Court of Appeals · 2002
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2007

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