People v. Richardson
| Decision Date | 20 December 2004 |
| Docket Number | 2002-08405. |
| Citation | 2004 NY Slip Op 09534,787 N.Y.S.2d 373,13 A.D.3d 561 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEVOGIE RICHARDSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's contention that his plea allocution was insufficient is unpreserved for appellate review, since he did not move either to withdraw his plea of guilty or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662 [1988]; People v Claudio, 64 NY2d 858 [1985]; People v Gaines, 11 AD3d 478 [2004]; People v Martin, 7 AD3d 640 [2004], lv denied 3 NY3d 677 [2004]). Furthermore, the narrow exception to the preservation rule, as set forth in People v Lopez (supra at 666), is inapplicable here since there is nothing in the allocution which would cast significant doubt on the defendant's guilt, or otherwise call into question the voluntariness of his plea (see People v Harrell, 288 AD2d 489 [2001]). Furthermore, the defendant's post-plea statements of innocence do not warrant vacating his plea (see People v Dixon, 29 NY2d 55, 57 [1971]; People v Hronopoulos, 192 AD2d 720 [1993]; People v James, 192 AD2d 555 [1993]).
The defendant's remaining contention is unpreserved for appellate review (see People v Wronka, 6 AD3d 735 [2004]).
To continue reading
Request your trial
-
People v. Ingram
...272 N.E.2d 329; People v. Morales, 17 A.D.3d 487, 795 N.Y.S.2d 240; People v. Eaton, 14 A.D.3d 577, 789 N.Y.S.2d 194; People v. Richardson, 13 A.D.3d 561, 787 N.Y.S.2d 373). Notably, after the sentencing court questioned the defendant concerning his statements to the probation officer, the ......
-
People v. Bunn
...N.Y.S.2d 220; People v. Tinsley, 32 A.D.3d 447, 820 N.Y.S.2d 305; People v. Eaton, 14 A.D.3d 577, 789 N.Y.S.2d 194; People v. Richardson, 13 A.D.3d 561, 787 N.Y.S.2d 373). There can be no deprivation of effective assistance of counsel arising from counsel's failure to make a motion which ha......
-
People v. Richardson
...N.E.2d 980 4 N.Y.3d 890 PEOPLE v. RICHARDSON Court of Appeals of the State of New York May 25, 2005. Appeal from 2d Dept.: 13 A.D.3d 561, 787 N.Y.S.2d 373 Application for leave to appeal—criminal. Denied. (Kaye, C.J.) ...
-
People v. Richardson
...N.E.2d 1272 5 N.Y.3d 768 PEOPLE v. RICHARDSON Court of Appeals of New York. June 27, 2005. Appeal from 2d Dept.: 13 A.D.3d 561, 787 N.Y.S.2d 373 Application for leave to appeal—criminal. Withdrawn. (Kaye, C.J.). ...