PEOPLE v. ACEVEDO


219 A.D.2d 560 (1995)

631 N.Y.S.2d 692

The People of the State of New York, Respondent, v. Abelardo Acevedo, Appellant

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

September 28, 1995


Defendant's argument that the court should not have accepted his plea without inquiring into whether he understood that he had raised an affirmative defense to the first degree robbery charge by asserting that the gun possessed by his accomplice was not loaded (Penal Law § 160.15 [4]) is unpreserved for appellate review as a matter of law inasmuch as defendant never moved to withdraw the plea or to vacate the judgment and his recitation of the facts at the plea proceeding...

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