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PEOPLE v. CLARKE

93 N.Y.2d 904 (1999)

712 N.E.2d 668

690 N.Y.S.2d 501

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IAN CLARKE, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Diane R. Eisner and Roseann B. Mackechnie of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur; Judge SMITH taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted on a plea of guilty, the Appellate Division affirmed, and a Judge of this Court granted leave to appeal. The issue is whether defendant's claim, challenging the validity of the guilty plea, must be preserved before the trial court. Defendant argues that an ambiguous comment by the trial court...

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