PEOPLE v. TOXEY


202 A.D.2d 330 (1994)

609 N.Y.S.2d 12

The People of the State of New York, Respondent, v. Anthony Toxey, Appellant

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

March 22, 1994


Defendant's contention that his allocution to two of the four first degree robbery charges to which he pleaded guilty stated that while he displayed what appeared to be a pistol he did not have a gun, and that the court erred in failing to inquire whether he understood that he had thereby raised an affirmative defense, is unpreserved for review as a matter of law, defendant never having moved to withdraw his plea or to vacate the judgment of conviction (People v Campo...

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