Defendant's claim that his plea should not have been accepted since his allocution did not establish that the piece of metal he displayed in the course of the robbery was a dangerous instrument is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw his plea or to vacate the judgment of conviction (People v Toxey,
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PEOPLE v. JOHNSON
221 A.D.2d 174 (1995)
633 N.Y.S.2d 286
The People of the State of New York, Respondent, v. Kevin Jamal Johnson, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 2, 1995
November 2, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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