From Casetext: Smarter Legal Research

People v. Welcome

Appellate Division of the Supreme Court of New York, Third Department
Feb 25, 1993
190 A.D.2d 970 (N.Y. App. Div. 1993)

Opinion

February 25, 1993

Appeal from the County Court of Schenectady County (Reilly, Jr., J.).


Defendant contends on this appeal that his guilty plea allocution was insufficient. By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant has failed to preserve for judicial review any challenge to the factual basis for the plea (see, People v Lopez, 71 N.Y.2d 662). In any event, our review of the minutes of the plea reveals that County Court made sufficient inquiry of defendant and that the plea was knowingly, voluntarily and intelligently made (see, People v Cance, 155 A.D.2d 764).

Weiss, P.J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Welcome

Appellate Division of the Supreme Court of New York, Third Department
Feb 25, 1993
190 A.D.2d 970 (N.Y. App. Div. 1993)
Case details for

People v. Welcome

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD WELCOME, Also…

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

Date published: Feb 25, 1993

Citations

190 A.D.2d 970 (N.Y. App. Div. 1993)
594 N.Y.S.2d 83

Citing Cases

Herskowitz v. Comm'r of Lab.

Whether this exclusion applies "presents a mixed question of law and fact, [and] the Board’s determination…

People v. Vonderchek

Defendant seeks vacatur of his guilty plea on the ground that his plea allocution was insufficient and in…