People v. Pagan
Opinion of the Court
—Judgment, Supreme
Defendant’s claim that his plea of guilty was involuntary because the court failed to advise him of a potential affirmative defense is unpreserved for appellate review since defendant failed to make a motion to withdraw the plea or to vacate the conviction. The exception to the preservation requirement does not apply since defendant’s allocution did not cast significant doubt upon his guilt (see, People v Toxey, 86 NY2d 725). Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.