Appellate Division of the Supreme Court of New York, 1998

People v. Vargas

People v. Vargas
Appellate Division of the Supreme Court of New York · Decided October 2, 1998
254 A.D.2d 691; 678 N.Y.S.2d 553; 1998 N.Y. App. Div. LEXIS 10337
People v. Vargas

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [5]). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve *692for our review his challenge to the voluntariness of the plea (see, CPL 470.05 [2]; People v Lopez, 71 NY2d 662, 665; People v Pellegrino, 60 NY2d 636, 637). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Criminal Possession Stolen Property, 4th Degree.) Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.

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