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People v. Min Chul Shin

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 709 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Queens County (Finnegan, J.).


Ordered that the judgment is affirmed.

The defendant did not move to withdraw his plea under CPL 220.60 (3) or to vacate the judgment of conviction under CPL 440.10. Therefore, his claim that his plea of guilty should be vacated has not been preserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Hicks, 201 A.D.2d 831).

In any event, the defendant was promised a sentence of time served, and the minutes of the plea proceedings indicate that the defendant's counseled Alford plea ( North Carolina v. Alford, 400 U.S. 25) was knowingly, intelligently, and voluntarily entered into, with a full understanding of its consequences, in order to avoid the risk of a conviction resulting in increased sentence exposure ( see, People v. White, 214 A.D.2d 811; People v. Jackson, 140 A.D.2d 713). We find no reason to vacate his plea.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Min Chul Shin

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 709 (N.Y. App. Div. 1998)
Case details for

People v. Min Chul Shin

Case Details

Full title:THE PEOPLE OF THE STATE as NEW YORK, Respondent, v. MIN CHUL SHIN…

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

Date published: May 11, 1998

Citations

250 A.D.2d 709 (N.Y. App. Div. 1998)
672 N.Y.S.2d 769