People v. Kwok

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNIE KWOK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 7, 1999

257 A.D.2d 402 (N.Y. App. Div. 1999)

682 N.Y.S.2d 577

Opinion

January 7, 1999.

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).

Defendant's claim regarding the factual sufficiency of the indictment is waived by his guilty plea and is unpreserved ( see, People v. Iannone, 45 N.Y.2d 589, 600-601). His claim regarding the factual sufficiency of his allocution is unpreserved since he failed to object at sentencing and did not move to withdraw his plea or to vacate the judgment of conviction ( People v. Toxey, 86 N.Y.2d 725; People v. Teddy, 227 A.D.2d 182). Defendant's allocution, in which he acknowledged every element of the crime, did not cast significant doubt on his guilt.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J.P., Rosenberger, Williams and Saxe, JJ.