Legal Opinion

People v. Worden

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

Decided January 31, 2012Published

1Opinion of the Court

Memorandum: Defendant appeals from a judgment convicting him, following his plea of guilty, of rape in the third degree (Penal Law § 130.25 [3]). Defendant contends that County Court erred in denying his motion to withdraw his plea because he did not understand the nature of the charge to which he pleaded guilty and thus the plea was not knowingly, voluntarily and intelligently entered. That ground in support of the motion to withdraw the plea is raised for the first time on appeal, however, and thus is not preserved for our review (see CPL 470.05 [2]). Rather, defendant’s motion was based on…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. FordNew York Court of Appeals · 1995
  3. People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. CarmodyAppellate Division of the Supreme Court of the State of New York · 2011

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