People v. Nash
| Decision Date | 13 March 2007 |
| Docket Number | 2005-09050. |
| Citation | 832 N.Y.S.2d 593,2007 NY Slip Op 02142,38 A.D.3d 684 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD J. NASH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid (see People v Ciatto, 290 AD2d 560 [2002]), and precludes review of his challenge of the factual sufficiency of his plea allocution (see People v Mydosh, 27 AD3d 580 [2006]; People v Curras, 1 AD3d 445, 446 [2003]; People v Green, 200 AD2d 687 [1994]). In any event, the defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since the defendant failed to move prior to the imposition of sentence to withdraw his plea (see People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Carden, 27 AD3d 573, 573 [2006]). Moreover, the "rare case" exception to the preservation requirement as enunciated in People v Lopez (71 NY2d 662, 666 [1988]), does not apply because the defendant's allocution did not clearly cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (see People v Rizzo, 38 AD3d 571 [2007]).
The defendant's remaining contentions are without merit.
To continue reading
Request your trial
-
People v. Gudanowski
...of the plea allocution is unpreserved for appellate review (see People v. Elcine, 43 A.D.3d 1176, 843 N.Y.S.2d 343 ; People v. Nash, 38 A.D.3d 684, 832 N.Y.S.2d 593 ). Moreover, the "rare case" exception to the preservation requirement as enunciated in People v. Lopez, 71 N.Y.2d 662, 666, 5......
-
People v. King
...into question the voluntariness of her admission (see People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Nash, 38 A.D.3d 684, 832 N.Y.S.2d 593 ; People v. Rizzo, 38 A.D.3d 571, 832 N.Y.S.2d 586 ). In any event, the record establishes that the defendant knowingly, vol......
-
People v. Williams
...plea (see People v. Delarosa, 104 A.D.3d 956, 960 N.Y.S.2d 915 ; People v. Colston, 68 A.D.3d 1130, 892 N.Y.S.2d 145 ; People v. Nash, 38 A.D.3d 684, 832 N.Y.S.2d 593 ). In any event, the facts admitted in the allocution were sufficient to support the defendant's plea of guilty (see People ......
-
People v. Scivolette
...doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea ( see People v. Nash, 38 A.D.3d 684, 832 N.Y.S.2d 593). In any event, the facts admitted by the defendant in his allocution were sufficient to support his plea of guilty ( see P......