PEOPLE v. DEFRANCE


265 A.D.2d 837 (1999)

696 N.Y.S.2d 740

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK C. DEFRANCE, Appellant. (Appeal No. 1.)

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

Decided October 1, 1999.


Judgment unanimously affirmed.

Memorandum:

Defendant pleaded guilty to two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) and one count of criminal mischief in the fourth degree (Penal Law § 145.00 [3]). Because defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction, he has failed to preserve for our review his challenge to the factual sufficiency...

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