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People v. Heidgen

22 N.Y.3d 981 Court N.Y. Decision date 2013-11-21 English

Judges Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

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p. 981
[2 NE3d 921, 979 NYS2d 553]
The People of the State of New York, Respondent, v Martin Heidgen, Appellant.
Argued October 8, 2013;
decided November 21, 2013
APPEARANCES OF COUNSEL
Jillian S. Harrington, New York City, for appellant.
Kathleen M. Rice, District Attorney, Mineóla (Maureen McCormick, Tammy J. Smiley and Judith R. Sternberg of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s argument that his Alford plea should not have been accepted because the record does not contain strong evidence of his actual guilt is unpreserved for our review as he has moved neither to withdraw his plea nor to vacate the judgment

p. 982
of conviction (see People v Louree, 8 NY3d 541 , 545 [2007]; People v Lopez, 71 NY2d 662 , 665-666 [1988]).

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

Order affirmed, in a memorandum.

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