PEOPLE v. BURNEY


306 A.D.2d 173 (2003)

763 N.Y.S.2d 552

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELIC BURNEY, Appellant.

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

Decided June 24, 2003.


Since defendant did not move to withdraw her plea or vacate the judgment of conviction, she has not preserved her challenge to the sufficiency of the plea allocution, and this case does not fall within the narrow exception to the preservation requirement set forth in People v Lopez (71 N.Y.2d 662 [1988]). Were we to review this claim, we would reject it because every element of the crime, including intent, may be readily inferred...

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