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People v. Byron

197 A.D.2d 914 Court N.Y. App. Div. Decision date 1993-10-01 English

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p. 914
The People of the State of New York, Respondent, v George V. Byron, Appellant.
[604 NYS2d 842]

—Judgment unanimously affirmed. Memorandum: By failing to make a motion in the sentencing court to withdraw his plea, defendant has failed to preserve his challenge to the sufficiency of the plea allocution (see, People v Pellegrino, 60 NY2d 636 ; People v Thompson, 143 AD2d 858 , lv denied 73 NY2d 860 ) and we decline to review the issue in the interest of justice (see, CPL 470.15 [6]). The sentencing court did not abuse its discretion in denying defendant youthful offender status (see, People v Green, 143 AD2d 144 , lv denied 72 NY2d 1045 ) or in imposing the maximum term permitted by law. (Appeal from Judgment of Cayuga County Court, Corning, J.—Criminal Possession Weapon, 2nd Degree.) Present—Denman, P. J., Green, Law-ton, Fallon and Boehm, JJ.

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