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. JONATHAN MATTOCKS, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Richmond County (Owens, J.), rendered September 22, 1980, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence. ¶ Judgment affirmed. ¶ On this appeal, the defendant contends, inter alia, that he should be relieved of his plea of guilty because of the court's failure to expressly advise him of his right to present witnesses in his behalf if he were to go to trial on the indictment (see Boykin v Alabama, 395 U.S. 238). However, by failing to make application to the court of first instance to withdraw his plea or vacate the judgment of conviction, the defendant has not preserved for appellate review the issue of the plea allocution's sufficiency (see People v Pellegrino, 60 N.Y.2d 636; People v Thomas, 74 A.D.2d 317, 319-320, aff'd. 53 N.Y.2d 338). Moreover, review in the interest of justice would not result in vacatur of the plea as the record discloses that the allocution, at the very least, satisfied the requirements of People v Harris ( 61 N.Y.2d 9). ¶ We have examined defendant's remaining contention and find it to be without merit. Mollen, P.J., Titone, Lazer and Mangano, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MATTOCKS
(Apr 23, 1984)