Legal Opinion
People v. Castanea
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his plea because he did not admit the forcible stealing element of robbery in the third degree (Penal Law § 160.05). Defendant concedes that he has not preserved that contention for our review because he did not move to withdraw his plea or vacate the judgment of conviction (see, People v DeJesus, 248 AD2d 1023, lv denied 92 NY2d
*907878), but alleges that the allocution qualifies for the narrow, “rare case” exception to the preservation doctrine (People v Lopez, 71 NY2d 662, 666; see, People v…
2Cases cited3 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. ToxeyNew York Court of Appeals · 1995
- People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- People v. JenningsAppellate Division of the Supreme Court of the State of New York · 2004
- GASTON, FLOYD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BovioAppellate Division of the Supreme Court of the State of New York · 2022
- People v. FreemanAppellate Division of the Supreme Court of the State of New York · 2025
- People v. GastonAppellate Division of the Supreme Court of the State of New York · 2015
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