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People v. Foster [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 883 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Bail Jumping, 1st Degree.

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of bail jumping in the first degree (Penal Law § 215.57). Because defendant did not move to withdraw the guilty plea or to vacate the judgment of conviction, he failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Hill, 254 A.D.2d 726, lv denied 92 N.Y.2d 1050). Contrary to the contention of defendant, this case does not fall within an exception to the preservation doctrine (see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, supra, at 666).


Summaries of

People v. Foster [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 883 (N.Y. App. Div. 1999)
Case details for

People v. Foster [4th Dept 1999

Case Details

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

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 883 (N.Y. App. Div. 1999)
696 N.Y.S.2d 919