Court of Appeals of New York

Reversal of grant of motion to vacate assault conviction, which motion was made 12 years after defendant waived the indictment and plead guilty to an information, is affirmed as defendant is barred from raising the issue of the waiver and plea being invalid in a motion to vacate his conviction under CPL 440.10 when he did not complain of such defect on appeal.

Appellate Information

• Decided 12/18/2007
• Published 12/18/2007

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• Court of Appeals of New York

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