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PEOPLE v. PEREZ

214 A.D.2d 356 (1995)

625 N.Y.S.2d 894

The People of the State of New York, Respondent, v. Francisco Perez, Appellant

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

April 11, 1995

Defendant's claim that his plea was not knowing, intelligent and voluntary because the court failed to advise him of the constitutional rights he was waiving before taking his factual allocution is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw his plea or vacate the judgment of conviction (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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