People v. Tong
| Court | New York Supreme Court — Appellate Division |
| Writing for the Court | ROSENBLATT |
| Citation | 238 A.D.2d 607,657 N.Y.S.2d 960 |
| Parties | The PEOPLE, etc., Respondent, v. Lu Yang TONG, Appellant. |
| Decision Date | 28 April 1997 |
Page 960
v.
Lu Yang TONG, Appellant.
Second Department.
Pan & Tso-Horiuchi, P.C., New York City (Wendy Tso-Horiuchi, of counsel), for appellant.
Michael E. Bongiorno, District Attorney, New City (Gary L. Heavner, of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 20, 1995, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his guilty plea should be set aside because a language barrier inhibited his understanding of the proceedings. However, to the extent that the defendant claims that he did not understand the plea allocution because of his inability to speak English, his claims are unpreserved for appellate review in the absence of a motion to withdraw his plea (see, People v. Marrero, 162 A.D.2d 419, 557 N.Y.S.2d 73; People v. Looney, 111 A.D.2d 934, 491 N.Y.S.2d 43; see also, People v. Valdivia, 198 A.D.2d 246, 604 N.Y.S.2d 807). The defendant's contentions that his plea should be vacated due to ineffective assistance of counsel are likewise unpreserved for appellate review in the absence of a motion to withdraw his plea pursuant to CPL 220.60 (People v. Sierre, 173 A.D.2d 211, 570 N.Y.S.2d 930).
In any event, the record belies the defendant's contentions. His plea, following a detailed allocution through an interpreter, was clearly knowing, intelligent, and voluntary.
ROSENBLATT, J.P., and MILLER, THOMPSON and FRIEDMANN, JJ., concur.
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People v. Leo
...plea should be vacated due to ineffective assistance of counsel is also unpreserved for appellate review (see, People v. Lu Yang Tong, 238 A.D.2d 607, 657 N.Y.S.2d 960; People v. Sierre, 173 A.D.2d 211, 570 N.Y.S.2d 930). In any event, upon review of the record, we find that the defendant w......
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...on speedy trial grounds is also unpreserved since defendant failed to move to withdraw the plea on these grounds (People v. Tong, 238 A.D.2d 607, 657 N.Y.S.2d 960; People v. Sierre, 173 A.D.2d 211, 570 N.Y.S.2d 930, lv. denied 78 N.Y.2d 974, 574 N.Y.S.2d 954, 580 N.E.2d 426). In any event, ......
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People v. Solis
...v. Harris, 61 N.Y.2d 9, 16–17, 471 N.Y.S.2d 61, 459 N.E.2d 170;People v. Andrea, 98 A.D.3d 627, 949 N.Y.S.2d 654;People v. Lu Yang Tong, 238 A.D.2d 607, 657 N.Y.S.2d 960). In support of his motion to withdraw his plea, the defendant's new attorney alleged that the defendant's former counsel......
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...plea should be vacated due to ineffective assistance of counsel is also unpreserved for appellate review (see, People v. Lu Yang Tong, 238 A.D.2d 607, 657 N.Y.S.2d 960; People v. Sierre, 173 A.D.2d 211, 570 N.Y.S.2d 930). In any event, upon review of the record, we find that the defendant w......
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People v. Ortega-Flores, 2018-2151 W CR
...v. Monroe , 174 A.D.3d 649, 650, 104 N.Y.S.3d 696 [2019] ; People v. Plaza , 178 A.D.3d 958, 112 N.Y.S.3d 581 [2019] ; People v. Tong , 238 A.D.2d 607, 657 N.Y.S.2d 960 [1997] ), and we decline to review his claim in the interest of justice. In any event, on the merits, defendant's argument......
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