Legal Opinion

People v. Castro

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

Decided January 22, 2013Published

1Opinion of the Court

Judgment, Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), rendered October 28, 2010, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

Since defendant did not move to withdraw his plea, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 [1988]), his challenge to the plea is unpreserved and we decline *547to review it in the interest of justice. As an alternative holding,…

2Cases cited3 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. PantojaAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. EspinalAppellate Division of the Supreme Court of the State of New York · 2012

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