PEOPLE v. BOYD

Motion No. M-4726.

101 A.D.3d 1683 (2012)

956 N.Y.S.2d 382

2012 NY Slip Op 8965

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONIQUE BOYD, Appellant.

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

December 21, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law § 130.35 [1]). "Although the contention of defendant that he was coerced into pleading guilty and thus that the plea was not voluntarily entered survives the waiver of the right to appeal, defendant did not move to withdraw the plea or to vacate the judgment...

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