possible agency defense in New York

2002Notably, this argument is not preserved for our review since defendant failed to move to withdraw his plea or vacate the judgment of conviction (see, People v Johnson, 82 NY2d 683 ; People v Lopez, 71 NY2d 662, 665 ).

2002Defendant’s CPL 440.10 motion did not warrant a hearing since the court had sufficient facts before it to make an informed decision on the merits (see People v Satterfield, 66 NY2d 796 ).

1998Failing to challenge his plea by a motion to withdraw his plea or vacate the judgment of conviction, defendant has failed to preserve this issue (see, CPL 220.60; see also, People v Lopez, 71 NY2d 662, 666 ; People v Smith, 248 AD2d 891 ; People v Jones, 240 AD2d 950, 951 , lv denied 91 NY2d 875 ; People v Fredericks [Fredricks], 235 AD2d 254 , lvs denied 89 NY2d 1011 ).

1998Failing to challenge his plea by a motion to withdraw his plea or vacate the judgment of conviction, defendant has failed to preserve this issue (see, CPL 220.60; see also, People v Lopez, 71 NY2d 662, 666 ; People v Smith, 248 AD2d 891 ; People v Jones, 240 AD2d 950, 951 , lv denied 91 NY2d 875 ; People v Fredericks [Fredricks], 235 AD2d 254 , lvs denied 89 NY2d 1011 ).

1998Failing to challenge his plea by a motion to withdraw his plea or vacate the judgment of conviction, defendant has failed to preserve this issue (see, CPL 220.60; see also, People v Lopez, 71 NY2d 662, 666 ; People v Smith, 248 AD2d 891 ; People v Jones, 240 AD2d 950, 951 , lv denied 91 NY2d 875 ; People v Fredericks [Fredricks], 235 AD2d 254 , lvs denied 89 NY2d 1011 ).

1998Failing to challenge his plea by a motion to withdraw his plea or vacate the judgment of conviction, defendant has failed to preserve this issue (see, CPL 220.60; see also, People v Lopez, 71 NY2d 662, 666 ; People v Smith, 248 AD2d 891 ; People v Jones, 240 AD2d 950, 951 , lv denied 91 NY2d 875 ; People v Fredericks [Fredricks], 235 AD2d 254 , lvs denied 89 NY2d 1011 ).

1997Since the defendant did not move to withdraw her plea of guilty or move to vacate the judgment of conviction, this issue is not preserved for appellate review (see, People v Lopez, 71 NY2d 662 ; People v Pellegrino, 60 NY2d 636 ).

1995County Court should have conducted further in-quiry on the record to ensure that defendant was aware of the defense and was knowingly, voluntarily and intelligently agreeing to waive it (see, People v Simone, supra; People v Sobczak, supra).

1995County Court should have conducted further in-quiry on the record to ensure that defendant was aware of the defense and was knowingly, voluntarily and intelligently agreeing to waive it (see, People v Simone, supra; People v Sobczak, supra).

1992Because the court did not explain to the defendant the existence of this possible agency defense, her guilty plea was not knowing, intelligent and voluntary (cf., People v Pelaccio, 141 AD2d 772 ).

1992Because the court did not explain to the defendant the existence of this possible agency defense, her guilty plea was not knowing, intelligent and voluntary (cf., People v Pelaccio, 141 AD2d 772 ).

1992Accordingly, the court should not have denied her motion to withdraw her plea (see, People v Flihan, 166 AD2d 927 ).

1992Having failed to raise the claim that his allocution disclosed the existence of a possible agency defense before the Supreme Court by motion to vacate the plea or otherwise, the defendant’s current contention is unpreserved for appellate review (CPL 470.05 [2]; People v Mackey, 77 NY2d 846 ; People v Fairclough, 116 AD2d 586 ), and reversal is not warranted in the interest of justice.

1992Inasmuch as the defendant’s guilty plea under Indictment No. 6356/87 is sustained, his related plea under Superior Court Information 10491/88 need not be set aside (cf., People v Fuggazzatto, 62 NY2d 862 ; People v Clark, 45 NY2d 432 ).

1992Inasmuch as the defendant’s guilty plea under Indictment No. 6356/87 is sustained, his related plea under Superior Court Information 10491/88 need not be set aside (cf., People v Fuggazzatto, 62 NY2d 862 ; People v Clark, 45 NY2d 432 ).

1992Having failed to raise the claim that his allocution disclosed the existence of a possible agency defense before the Supreme Court by motion to vacate the plea or otherwise, the defendant’s current contention is unpreserved for appellate review (CPL 470.05 [2]; People v Mackey, 77 NY2d 846 ; People v Fairclough, 116 AD2d 586 ), and reversal is not warranted in the interest of justice.

1988We find that the defendant’s plea was entered into knowingly, voluntarily and with understanding of the consequences (see, North Carolina v Alford, 400 US 25 ).