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PEOPLE v. DAVIS

205 A.D.2d 303 (1994)

614 N.Y.S.2d 120

The People of the State of New York, Respondent, v. Preston Davis, Appellant

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

June 2, 1994

Defendant's claim that he should have been granted a Wade hearing is not preserved for appellate review as a matter of law since, having waived his right to appeal as part of a plea bargain, defendant never moved to withdraw his plea prior to sentence or vacate the conviction (see, People v Lopez, 71 N.Y.2d 662, 665), and we decline to review the issue in the interest of justice...

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