Majority
p. 691The People of the State of New York, Respondent, v Carlos Vargas, Appellant. [678 NYS2d 553]
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
p. 692
for 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.
Cases cited
- People v. Lopez 71 NY2d 662 at 665 p. 692
- People v. Pellegrino 60 NY2d 636 at 637 p. 692