People v. McCoy

Appellate Division of the Supreme Court of New York

People v. McCoy

270 A.D.2d 432, 705 N.Y.S.2d 269, 2000 N.Y. App. Div. LEXIS 3038

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

DecidedMarch 20, 2000

StatusPublished

Cited by3 cases

This text of 270 A.D.2d 432 (People v. McCoy) 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. McCoy, 270 A.D.2d 432, 705 N.Y.S.2d 269, 2000 N.Y. App. Div. LEXIS 3038 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered February 10, 1999, convicting him of robbery in the first degree (two counts), robbery in the second degree (two counts), and criminal use of a firearm in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s present claim that his plea should be vacated because of a defective allocution was not preserved by a timely motion pursuant to CPL 220.60 to withdraw his plea on the ground now asserted (see, People v Johnson, 82 NY2d 683; People v Mackey, 77 NY2d 846).

To the extent that the defendant challenges an order denying him relief pursuant to CPL 440.10, his failure to obtain leave to appeal from that order forecloses review of the order (see, CPL 450.15).

The defendant’s remaining contention is without merit. Bracken, J. P., Joy, Goldstein and Feuerstein, JJ., concur.

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