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People v. Fecu

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


April 28, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
ROBERT FECU, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered September 19, 2006, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL and PLUMMER E. LOTT, JJ.

(Ind. No. 6703/04)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the validity of his plea of guilty is not preserved for appellate review because he did not move to withdraw the plea (see People v Clarke, 93 NY2d 904, 906; People v Lopez, 71 NY2d 662, 665-666; People v Pellegrino, 60 NY2d 636, 637). In any event, his contentions are without merit (see People v Akhtar, 13 AD3d 383, 383-384; cf. Innes v Dalsheim, 864 F2d 974, cert denied 493 US 809).

RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20090428

© 1992-2009 VersusLaw Inc.



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