Legal Opinion

People v. Kwok

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

Decided January 7, 1999Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered June 25, 1996, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 33/4 to 7V2 years, unanimously affirmed.

Defendant’s claim regarding the factual sufficiency of the indictment is waived by his guilty plea and is unpreserved (see, People v Iannone, 45 NY2d 589, 600-601). His claim regarding the factual sufficiency of his allocution is unpreserved since he failed to object at sentencing and did not move to withdraw his plea or to vacate the judgment of…

2Cases cited3 opinions

  1. People v. IannoneNew York Court of Appeals · 1978
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. TeddyAppellate Division of the Supreme Court of the State of New York · 1996

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