People v. Walden

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WALDEN, Appellant

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

Date published: Dec 31, 1998

256 A.D.2d 1183 (N.Y. App. Div. 1998)

682 N.Y.S.2d 362

Opinion

December 31, 1998

Appeal from Judgment of Erie County Court, DiTullio, J. — Assault, 2nd Degree.

Judgment unanimously affirmed. Memorandum: Defendant was given a meaningful opportunity at sentencing to move to withdraw his plea of guilty ( see, People v. Chandler, 214 A.D.2d 1027, 1028, lv denied 86 N.Y.2d 792). Because he failed to make such a motion or to make a postverdict motion to vacate the judgment of conviction, his contention that County Court erred in not allowing him to withdraw his plea is not preserved for our review ( see, People v. Stedge, 250 A.D.2d 880). Defendant's "unrestricted waiver of the right to appeal * * * encompassed [the] right to review of the sentence as harsh and excessive" ( People v. Hidalgo, 91 N.Y.2d 733, 734).

Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.