Legal Opinion

People v. Schneider

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

Decided March 31, 1999PublishedCited by 2 opinions

1Opinion of the Court

Judgment *1025unanimously affirmed. Memorandum: Defendant contends that his Alford plea (see, North Carolina v Alford, 400 US 25) should be vacated because the prosecutor failed to articulate on the record the proof that the People intended to offer at trial. By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve that contention for our review (see, People v Toxey, 86 NY2d 725, 726, rearg denied 86 NY2d 839; People v Lopez, 71 NY2d 662, 665; People v Rice, 224 AD2d 972, lv denied 88 NY2d 883). Moreover, the plea colloquy does not cast…

2Cases cited4 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. People v. LopezNew York Court of Appeals · 1988
  3. People v. ToxeyNew York Court of Appeals · 1995
  4. People v. RiceAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. People v. SpulkaAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. ClemonsAppellate Division of the Supreme Court of the State of New York · 2002

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