People v. Abdallah

Appellate Division of the Supreme Court of New York

People v. Abdallah

23 A.D.3d 1116, 803 N.Y.S.2d 484

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 2005

StatusPublished

Cited by1 cases

This text of 23 A.D.3d 1116 (People v. Abdallah) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Abdallah, 23 A.D.3d 1116, 803 N.Y.S.2d 484 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Wisner, J.), rendered July 8, 1996. The judgment convicted defendant, upon his plea of guilty, of murder in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]). Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the plea allocution is factually insufficient (see People v Lopez, 71 NY2d 662, 665 [1988]). Contrary to defendant’s contention, this case does not fall within the narrow exception to the preservation doctrine set forth in Lopez (see id. at 666). Present—Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.

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Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Wisner, J.), rendered July 8, 1996. The judgment convicted defendant, upon his plea of guilty, of murder in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]). Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the plea allocution is factually insufficient (see People v Lopez, 71 NY2d 662, 665 [1988]). Contrary to defendant’s contention, this case does not fall within the narrow exception to the preservation doctrine set forth in Lopez (see id. at 666). Present—Kehoe, J.P., Martoche, Pine, Lawton and Hayes, JJ.

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Bluebook (online)

23 A.D.3d 1116, 803 N.Y.S.2d 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abdallah-nyappdiv-2005.

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