The People of the State of New York, Dkt. C/ Respondent, v. Frank Rudge, also known as Frank Ridge, Defendant–Appellant. (2013)

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

The People of the State of New York, Dkt. C/ Respondent, v. Frank Rudge, also known as Frank Ridge, Defendant–Appellant.

1121 3 1001 8 11

Decided: December 03, 2013

Tom, J.P., Saxe, DeGrasse, Richter, Clark, JJ.

Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Harold Adler, J.), rendered March 21, 2011, convicting defendant, upon his plea of guilty, of menacing in the second degree, and sentencing him to a term of four months, unanimously affirmed.

Since defendant never moved to withdraw his guilty plea or to vacate the judgment of conviction, his challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice (see People v. Lopez, 71 N.Y.2d 662, 666 [1988] ). The narrow exception to the preservation rule is not applicable because nothing in the plea allocution casts doubt on defendant's guilt (see id.). In any event, nothing in the record shows the plea was not voluntarily made or that defendant did not understand the consequences of the plea.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law