Legal Opinion

People v. Van Koevering

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

Decided November 12, 1999Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: With respect to the contention of defendant that his suppression motion should have been granted, we affirm for reasons stated in the decision *907at Wayne County Court (Kehoe, J.). By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v McGovern, 265 AD2d 881). We reject defendant’s contention that this is one of those rare case exceptions to the preservation rule (see,…

2Cases cited3 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. ToxeyNew York Court of Appeals · 1995
  3. People v. McGovernAppellate Division of the Supreme Court of the State of New York · 1999

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