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The People of the State of New York v. Joclyn Richards

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


April 13, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JOCLYN RICHARDS,
APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Frederick C. Arriaga, J.), rendered October 23, 2009.

People v Richards (Joclyn)

Appellate Term, Second Department

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

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 13, 2012

PRESENT: PESCE, P.J., GOLIA and ALIOTTA, JJ

The judgment convicted defendant, upon his plea of guilty, of disorderly conduct.

ORDERED that the judgment of conviction is affirmed.

Defendant pleaded guilty to disorderly conduct (Penal Law § 240.20). His present challenge to the validity of his plea is unpreserved for appellate review, since he failed to move to withdraw his guilty plea or seek to vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1988]). We note that defendant's challenge does not come within the narrow exception to the preservation requirement (id. at 666), and we decline to review it in the interest of justice.

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Golia and Aliotta, JJ., concur.

Decision Date: April 13, 2012

20120413

© 1992-2012 VersusLaw Inc.



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