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People v. Davis

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 849 (N.Y. App. Div. 1991)

Opinion

February 21, 1991

Appeal from the County Court of Madison County (Humphreys, J.).


By failing to seek to withdraw his plea of guilty prior to sentencing or by a postconviction motion to vacate the plea, defendant has failed to preserve the question of its validity for our review (see, People v Claudio, 64 N.Y.2d 858). In any event, the record establishes that at the time of his plea, a thorough plea allocution was made and the plea was knowingly and voluntarily made (see, People v Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644).

Judgment affirmed. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Third Department
Feb 21, 1991
170 A.D.2d 849 (N.Y. App. Div. 1991)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MORGAN J. DAVIS…

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

Date published: Feb 21, 1991

Citations

170 A.D.2d 849 (N.Y. App. Div. 1991)
566 N.Y.S.2d 676