People v. Pagan

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN PAGAN, Appellant

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

Date published: Oct 8, 1998

254 A.D.2d 61 (N.Y. App. Div. 1998)

678 N.Y.S.2d 489

Opinion

October 8, 1998

Appeal from the Supreme Court, Bronx County (William Donnino, J.).

Defendant's claim that his plea of guilty was involuntary because the court failed to advise him of a potential affirmative defense is unpreserved for appellate review since defendant failed to make a motion to withdraw the plea or to vacate the conviction. The exception to the preservation requirement does not apply since defendant's allocution did not cast significant doubt upon his guilt ( see, People v. Toxey, 86 N.Y.2d 725).

Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.