People v. Heidgen

• Decision Date: 21 November 2013
• Citation: 979 N.Y.S.2d 553,2013 N.Y. Slip Op. 07758,22 N.Y.3d 981,2 N.E.3d 921
• Court: New York Court of Appeals Court of Appeals
• Parties: The PEOPLE, etc., Respondent, v. Martin HEIDGEN, Appellant.

22 N.Y.3d 981

2 N.E.3d 921

979 N.Y.S.2d 553

2013 N.Y. Slip Op. 07758

The PEOPLE, etc., Respondent,

v.Martin HEIDGEN, Appellant.

Court of Appeals of New York.

Nov. 21, 2013.

Jillian S. Harrington, New York City, for appellant.

Kathleen M. Rice, District Attorney, Mineola (Maureen McCormick, Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant's argument that his Alford plea should not have been accepted becausethe record does not contain strong evidence of his actual guilt is unpreserved for our review as he has neither moved to withdraw his plea nor to vacate the judgment of conviction ( see People v. Louree, 8 N.Y.3d 541, 545, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007]; People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ).

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.

Order affirmed, in a memorandum.