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People v. Clark

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 2004
9 A.D.3d 895 (N.Y. App. Div. 2004)

Opinion

KA 03-00943.

July 9, 2004.

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered January 30, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.

Present — Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted rape in the first degree (Penal Law §§ 110.00, 130.35). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not voluntarily, knowingly and intelligently entered ( see CPL 470.05; People v. DeJesus, 248 AD2d 1023, lv denied 92 NY2d 878). In any event, that contention is without merit.


Summaries of

People v. Clark

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 2004
9 A.D.3d 895 (N.Y. App. Div. 2004)
Case details for

People v. Clark

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WALTER CLARK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 9, 2004

Citations

9 A.D.3d 895 (N.Y. App. Div. 2004)
779 N.Y.S.2d 390

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