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People v. Laroche

Appellate Division of the Supreme Court of the State of New York
Sep 27, 2016
2016 N.Y. Slip Op. 6161 (N.Y. App. Div. 2016)

Opinion

1717 2188/11

09-27-2016

The People of the State of New York, Respondent, v. Jean Laroche, Defendant-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Tomoeh Murakami Tse of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.


Richard M. Greenberg, Office of the Appellate Defender, New York (Tomoeh Murakami Tse of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered February 6, 2014, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 2½ years, unanimously affirmed.

Defendant's challenges to the voluntariness of his plea are unpreserved, since he failed to make an appropriate postallocution motion or otherwise raise these challenges in the plea court, despite ample opportunity to do so within the many months between his guilty plea and sentencing (see People v Williams, 27 NY3d 212, 219 [2016]). Under the circumstances here, the narrow exception to the preservation requirement set forth in People v Louree (8 NY3d 541, 545-546 [200]) is inapplicable. We decline to review this unpreserved claim in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: SEPTEMBER 27, 2016

CLERK


Summaries of

People v. Laroche

Appellate Division of the Supreme Court of the State of New York
Sep 27, 2016
2016 N.Y. Slip Op. 6161 (N.Y. App. Div. 2016)
Case details for

People v. Laroche

Case Details

Full title:The People of the State of New York, Respondent, v. Jean Laroche…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 27, 2016

Citations

2016 N.Y. Slip Op. 6161 (N.Y. App. Div. 2016)