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People v. Day

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 580 (N.Y. App. Div. 1997)

Opinion

September 15, 1997

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

Since the defendant failed to make a motion to withdraw his plea of guilty, his challenge to the factual sufficiency of his plea is unpreserved for review ( see, People v. Pellegrino, 60 N.Y.2d 636). We reject the defendant's contention that preservation was not required as there is nothing in the defendant's allocution which would cast significant doubt on his guilt or otherwise call into question the voluntariness of his plea, nor did his factual recitation negate essential elements of the crimes to which he pleaded guilty ( see, People v. Lopez, 71 N.Y.2d 662).

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Day

Appellate Division of the Supreme Court of New York, Second Department
Sep 15, 1997
242 A.D.2d 580 (N.Y. App. Div. 1997)
Case details for

People v. Day

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRUS DAY, Appellant

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

Date published: Sep 15, 1997

Citations

242 A.D.2d 580 (N.Y. App. Div. 1997)
662 N.Y.S.2d 92