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PEOPLE v. CORDOBA

4020, 3878/08.

80 A.D.3d 461 (2011)

915 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXIS CORDOBA, Appellant.

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

Decided January 11, 2011.

Defendant, who concedes that a guilty plea to the logically impossible crime of attempted reckless endangerment may be permissible under People v Foster (19 N.Y.2d 150 [1967]), claims his plea was involuntary because the court did not advise him that he was pleading guilty to a nonexistent crime. Defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement...

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