People v. McElory

Appellate Division of the Supreme Court of New York

People v. McElory

255 A.D.2d 959, 679 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 12217

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

DecidedNovember 13, 1998

StatusPublished

This text of 255 A.D.2d 959 (People v. McElory) 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. McElory, 255 A.D.2d 959, 679 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 12217 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [1]). Defendant contends that County Court erred in failing to vacate his guilty plea sua sponte based on defendant’s inquiry at sentencing concerning the difference between forcible rape and consensual sexual intercourse. Because defendant neither moved to withdraw his plea under CPL 220.60 (3) nor moved to vacate the judgment of conviction under CPL 440.10, he has failed to preserve his contention for our review (see, People v Lopez, 71 NY2d 662, 665). In any event, defendant’s contention lacks merit (see, People v Matthews, 71 AD2d 864). (Appeal from Judgment of Jefferson County Court, Clary, J. — Rape, 1st Degree.) Present — Pine, J. P., Hayes, Wisner and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [1]). Defendant contends that County Court erred in failing to vacate his guilty plea sua sponte based on defendant’s inquiry at sentencing concerning the difference between forcible rape and consensual sexual intercourse. Because defendant neither moved to withdraw his plea under CPL 220.60 (3) nor moved to vacate the judgment of conviction under CPL 440.10, he has failed to preserve his contention for our review (see, People v Lopez, 71 NY2d 662, 665). In any event, defendant’s contention lacks merit (see, People v Matthews, 71 AD2d 864). (Appeal from Judgment of Jefferson County Court, Clary, J. — Rape, 1st Degree.) Present — Pine, J. P., Hayes, Wisner and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D.2d 959, 679 N.Y.S.2d 867, 1998 N.Y. App. Div. LEXIS 12217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcelory-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack