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PEOPLE v. LU YANG TONG

238 A.D.2d 607 (1997)

657 N.Y.S.2d 960

The People of the State of New York, Respondent, v. Lu Yang Tong, Appellant

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

April 28, 1997

Ordered that the judgment is affirmed.

The defendant contends that his guilty plea should be set aside because a language barrier inhibited his understanding of the proceedings. However, to the extent that the defendant claims that he did not understand the plea allocution because of his inability to speak English, his claims are unpreserved for appellate review in the absence of a motion to withdraw his plea (see, People v Marrero,

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