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People v. Dobbins

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1995
220 A.D.2d 234 (N.Y. App. Div. 1995)

Opinion

October 5, 1995

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


Defendant's contention that his plea of guilty should be vacated on the basis that he did not specifically recite in his allocution the requisite elements of second degree robbery is unpreserved for review as a matter of law, defendant never having moved to withdraw his plea before sentencing or to vacate the judgment of conviction ( People v. Lopez, 71 N.Y.2d 662, 665). Nor does the case fit within the narrow exception to the preservation doctrine set forth in Lopez ( supra). In any event, were we to review the issue in the interest of justice, we would find that the plea was knowingly, intelligently, and voluntarily entered ( People v. Toxey, 202 A.D.2d 330, affd 86 N.Y.2d 725).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Tom, JJ.


Summaries of

People v. Dobbins

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1995
220 A.D.2d 234 (N.Y. App. Div. 1995)
Case details for

People v. Dobbins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAUBAR DOBBINS…

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

Date published: Oct 5, 1995

Citations

220 A.D.2d 234 (N.Y. App. Div. 1995)
632 N.Y.S.2d 532

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