People v. Timber

Appellate Division of the Supreme Court of New York

People v. Timber

250 A.D.2d 631, 672 N.Y.S.2d 251, 1998 N.Y. App. Div. LEXIS 4858

Appellate Division of the Supreme Court of the State of New York·Decided May 4, 1998·Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered October 19, 1995, convicting him of robbery in the first degree, robbery in the third degree (three counts), and assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not move to withdraw his plea of guilty or vacate the judgment of conviction. Therefore, his claim that his plea allocution was defective is unpreserved for appellate review (see, People v Mackey, 77 NY2d 846, 847; People v Lopez, 71 NY2d 662). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered October 19, 1995, convicting him of robbery in the first degree, robbery in the third degree (three counts), and assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not move to withdraw his plea of guilty or vacate the judgment of conviction. Therefore, his claim that his plea allocution was defective is unpreserved for appellate review (see, People v Mackey, 77 NY2d 846, 847; People v Lopez, 71 NY2d 662). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

People v. Timber, 250 A.D.2d 631, 672 N.Y.S.2d 251, 1998 N.Y. App. Div. LEXIS 4858 (N.Y. Ct. App. 1998).

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