Majority
p. 1088The People of the State of New York, Respondent, v William Cade, Appellant.
Judgment unanimously affirmed.
Memorandum: By failing to move to withdraw his plea prior to sentencing or to raise the issue by a motion to vacate the judgment of conviction, defendant failed to preserve for review the argument that his guilty plea should not have been accepted (see, People v Claudio, 64 NY2d 858 ; see also, People v Lopez, 71 NY2d 662 , 665; People v Pellegrino, 60 NY2d 636 , 637). (Appeal from Judgment of Steuben County Court, Purple, Jr., J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.
Cases cited
- People v. Claudio 64 NY2d 858 p. 1088
- People v. Lopez 71 NY2d 662 at 665 p. 1088
- People v. Pellegrino 60 NY2d 636 at 637 p. 1088