PEOPLE v. ORTIZ


203 A.D.2d 126 (1994)

610 N.Y.S.2d 786

The People of the State of New York, Respondent, v. Nikell Ortiz, Appellant

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

April 19, 1994


In order to preserve a challenge to the factual sufficiency of a plea allocution there must have been a motion to withdraw the plea under CPL 220.60 (3) or a motion to vacate the judgment of conviction under CPL 440.10 (People v Lopez, 71 N.Y.2d 662, 665). Since defendant did neither, her claim that she should have been permitted to withdraw her plea based upon the defenses of intoxication and self-defense is not preserved for review...

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