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PEOPLE v. VILLALTA

2020-01572. Ind. No. 9061/17.

193 A.D.3d 890 (2021)

142 N.Y.S.3d 375

2021 NY Slip Op 02324

The People of the State of New York, Respondent, v. Juan Villalta, Appellant.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

Jonathan Rosenberg, PLLC, Brooklyn, NY, for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Solomon Neubort , and Andrew S. Ayala of counsel), for respondent.

Mastro, A.P.J., Rivera, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution and his contention that the plea was invalid because the Supreme Court did not inquire as to his understanding of English are unpreserved for appellate review, as the defendant did not move to vacate his plea or otherwise raise these issues before the court (see CPL 470.05[2]; People v Lopez, 71 N.Y.2d 662

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