Appellate Division of the Supreme Court of New York, 2004

People v. Clark

People v. Clark
Appellate Division of the Supreme Court of New York · Decided July 9, 2004
9 A.D.3d 895; 779 N.Y.S.2d 390; 2004 N.Y. App. Div. LEXIS 9517
People v. Clark

Opinion of the Court

Appeal from a judgment of the Onondaga County Court (Anthony E Aloi, J.), rendered January 30, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

*896Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not voluntarily, knowingly and intelligently entered (see CPL 470.05 [2]; People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). In any event, that contention is without merit. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.