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People v. Tong

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 607 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 20, 1995, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his guilty plea should be set aside because a language barrier inhibited his understanding of the proceedings. However, to the extent that the defendant claims that he did not understand the plea allocution because of his inability to speak English, his claims are unpreserved for appellate review in the absence of a motion to withdraw his plea ( see, People v. Marrero, 162 A.D.2d 419; People v. Looney, 111 A.D.2d 934; see also, People v. Valdivia, 198 A.D.2d 246). The defendant's contentions that his plea should be vacated due to ineffective assistance of counsel are likewise unpreserved for appellate review in the absence of a motion to withdraw his plea pursuant to CPL 220.60 ( People v. Sierre, 173 A.D.2d 211).

In any event, the record belies the defendant's contentions. His plea, following a detailed allocution through an interpreter, was clearly knowing, intelligent, and voluntary. Rosenblatt, J.P., Miller, Thompson and Friedmann, JJ., concur.


Summaries of

People v. Tong

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 607 (N.Y. App. Div. 1997)
Case details for

People v. Tong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LU YANG TONG, Appellant

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 607 (N.Y. App. Div. 1997)
657 N.Y.S.2d 960

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