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People v. Cecilio

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1998
255 A.D.2d 245 (N.Y. App. Div. 1998)

Opinion

November 24, 1998

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


By not moving to withdraw his plea or vacate the judgment, defendant has failed to preserve his present challenge to the factual recitation accompanying his guilty plea to tampering with physical evidence, and we decline to review it in the interest of justice. The exception to the preservation requirement ( see, People v. Toxey, 86 N.Y.2d 725) does not apply because the recitation does not cast significant doubt on defendant's guilt. The record as a whole reveals that defendant knowingly, voluntarily and intelligently pleaded guilty ( People v. McGowen, 42 N.Y.2d 905, 906).

Concur — Lerner, P. J., Williams, Tom and Andrias, JJ.


Summaries of

People v. Cecilio

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1998
255 A.D.2d 245 (N.Y. App. Div. 1998)
Case details for

People v. Cecilio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO CECILIO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 1998

Citations

255 A.D.2d 245 (N.Y. App. Div. 1998)
682 N.Y.S.2d 13

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