Legal Opinion

People v. Watts

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

Decided January 10, 2012PublishedCited by 11 opinions

1Opinion of the Court

The defendant’s contention that his plea allocution was factually insufficient to establish the crime of burglary in the first degree is unpreserved for appellate review because the defendant failed to move to withdraw his plea on that basis (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Young, 88 AD3d 918 [2011]; People v Infante, 71 AD3d 1047, 1048 [2010]). Moreover, the “rare case” exception to the preservation requirement does not apply here because the defendant’s plea allocution did not *679cast significant doubt on his guilt, negate an essential element of the crime, or call into…

2Cases cited13 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. CabanNew York Court of Appeals · 2005
  4. People v. McgowenNew York Court of Appeals · 1977
  5. People v. YoungAppellate Division of the Supreme Court of the State of New York · 2011

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. People v. KeithAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. McPheeAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. BrowneAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. QuinnAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. GuyAppellate Division of the Supreme Court of the State of New York · 2012

6 more not listed; retrieve them via the Exa API.

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