People v. Scales
Cases that cite this one
3 later published cases cite this decision.
- People v. Byrd (Appellate Division of the Supreme Court of New York 2024)
- People v. Simon (Appellate Division of the Supreme Court of New York 2018)
- People v. Pittman (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered March 19, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution because he did not move to withdraw the plea or to vacate the judgment of conviction on that ground (see People v Lopez, 71 NY2d 662, 665 [1988]). In any event, “no factual colloquy was required inasmuch as defendant pleaded guilty to a lesser included offense” (People v Thelbert, 17 AD3d 1049, 1049 [2005]; see People v Thousand, 96 AD3d 1439, 1440 [2012], lv denied 19 NY3d 1002 [2012]).
Defendant further contends that County Court should have afforded him the opportunity to withdraw his guilty plea
Case-law data current through December 31, 2025. Source: CourtListener bulk data.