People v. Mattocks
| Decision Date | 23 April 1984 |
| Citation | 100 A.D.2d 944,474 N.Y.S.2d 849 |
| Parties | The PEOPLE, etc., Respondent, v. Jonathan MATTOCKS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
David Pomerantz, Garden City, for appellant.
William L. Murphy, Dist. Atty., Staten Island (Karen Fisher McGee, New York City, of counsel), for respondent.
Before MOLLEN, P.J., and TITONE, LAZER and MANGANO, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Richmond County, rendered September 22, 1980, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Judgment affirmed.
On this appeal, the defendant contends, inter alia, that he should be relieved of his plea of guilty because of the court's failure to expressly advise him of his right to present witnesses in his behalf if he were to go to trial on the indictment (see Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274). However, by failing to make application to the court of first instance to withdraw his plea or vacate the judgment of conviction, the defendant has not preserved for appellate review the issue of the plea allocution's sufficiency (see People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Thomas, 74 A.D.2d 317, 319-320, 428 N.Y.S.2d 20, affd. 53 N.Y.2d 338, 441 N.Y.S.2d 650, 424 N.E.2d 537). Moreover, review in the interest of justice would not result in vacatur of the...
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