PEOPLE v. RAFAEL


243 A.D.2d 277 (1997)

663 N.Y.S.2d 17

The People of the State of New York, Respondent, v. Jose Rafael, Appellant

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

October 7, 1997


Defendant's motion to withdraw his guilty plea was properly denied. The allocution minutes demonstrate that defendant's plea was entered knowingly, voluntarily, and intelligently, and that he understood the crime to which he was pleading guilty. Since defendant's motion to withdraw the plea was made on different grounds from those advanced on appeal, defendant has not preserved his present claim that his factual recitations negated an element of the crime, and we see no reason...

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