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PEOPLE v. BLACKWELL

41 A.D.3d 121 (2007)

836 N.Y.S.2d 608

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHEDRICK BLACKWELL, Appellant.

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

Decided June 5, 2007.

Defendant's claim that his plea allocution was insufficient because the court failed to inquire about a possible defense is unpreserved for appellate review since defendant neither moved to withdraw his plea nor moved to vacate his conviction (see People v Toxey, 86 N.Y.2d 725 [1995]). The narrow exception to the preservation rule explained in People v Lopez (71 N.Y.2d 662, 665-666 [1988...

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