AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO CECILIO, Appellant.

By not moving to withdraw his plea or vacate the judgment, defendant has failed to preserve his present challenge to the factual recitation accompanying his guilty plea to tampering with physical evidence, and we decline to review it in the interest of justice. The exception to the preservation requirement ( see, People v. Toxey, 86 N.Y.2d 725) does not apply because the recitation does not cast significant doubt on defendant's guilt. The record as a whole reveals that defendant knowingly, voluntarily and intelligently pleaded guilty ( People v. McGowen, 42 N.Y.2d 905, 906).

Concur — Lerner, P. J., Williams, Tom and Andrias, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. CECILIO
(Nov 24, 1998)