Legal Opinion
People v. Martinez
Appellate Division of the Supreme Court of the State of New York
Decided August 20, 2001PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered May 5, 1999, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant did not preserve for appellate review his claim that his plea allocution was defective because he failed to move to withdraw his plea of guilty. This case does not fit within the narrow exception to the preservation doctrine set forth in People v Lopez (71 NY2d 662) (see, People v Toxey, 86 NY2d 725; People v Wallace, 247 AD2d 257; People v…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ToxeyNew York Court of Appeals · 1995
- People v. WillinghamAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
- People v. BillupsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. GrzywaczewskiAppellate Division of the Supreme Court of the State of New York · 2009
- People v. TriasAppellate Division of the Supreme Court of the State of New York · 2008
- People v. UbilesAppellate Division of the Supreme Court of the State of New York · 2009
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2007