PEOPLE v. WILNER


109 A.D.2d 908 (1985)

The People of the State of New York, Respondent, v. Paul Wilner, Also Known as Wilner Paul, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 25, 1985


Judgment affirmed.

Defendant's argument that his plea should be vacated because he was not advised of his right to testify or call witnesses on his own behalf is without merit. Defendant's challenge to the sufficiency of the plea allocution is not preserved for appellate review since he failed to move in the court of first instance to withdraw his plea or vacate the judgment of conviction (see, CPL 470.05 [2]; People v Hoke, 62 N.Y.2d...

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