PEOPLE v. BABI


7 A.D.3d 468 (2004)

776 N.Y.S.2d 807

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETROS BABI, Appellant.

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

May 27, 2004.


Since defendant did not move to withdraw his plea or vacate the judgment, his challenge to the voluntariness of his plea is unpreserved and we decline to review it in the interest of justice. The exception to the preservation requirement does not apply since defendant's factual recitation did not negate an essential element of the crime pleaded to, or cast significant doubt upon his guilt, or otherwise call into question the voluntariness of his plea (see People v Toxey...

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