People v. Ortiz

203 A.D.2d 126, 610 N.Y.S.2d 786, 1994 N.Y. App. Div. LEXIS 4045

Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered December 5, 1990, convicting defendant, upon her plea of guilty, of assault in the second degree, and sentencing her to a term of 1 to 3 years, unanimously affirmed.

In order to preserve a challenge to the factual sufficiency of a plea allocution there must have been a motion to withdraw the plea under CPL 220.60 (3) or a motion to vacate the judgment of conviction under CPL 440.10 (People v Lopez, 71 NY2d 662, 665). Since defendant did neither, her claim that she should have been permitted to withdraw her plea based upon the defenses of intoxication and self-defense is not preserved for review as a matter of law. Concur — Murphy, P. J., Rosenberger, Wallach, Ross and Rubin, JJ.