Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. SMITH

Appellate Division of the Supreme Court of New York, Second Department.
Feb 23, 1987

Ordered that the judgment is affirmed.

Since the defendant's motion to withdraw his plea prior to sentencing was not specifically based upon the fact that his factual allocution at the time of the plea was insufficient, his objection to the sufficiency of his allocution was not preserved for appellate review as a matter of law (see, People v Pellegrino, 60 N.Y.2d 636). In any event, this claim is without merit (cf., People v. Coates, 64 A.D.2d 1).

In addition, the court did not abuse its discretion in denying the defendant's motion to withdraw his plea after giving the defendant a reasonable opportunity to advance his claims (see, CPL 220.60; People v. Stubbs, 110 A.D.2d 725, 727). Mollen, P.J., Bracken, Lawrence and Sullivan, JJ., concur.