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People v Coly (Dominique)
2007 NY Slip Op 50079(U) [14 Misc 3d 132(A)]
Decided on January 18, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on January 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570551/04.

People of the State of New York, Respondent,

against

Dominique Coly, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ellen M. Coin, J.), rendered March 6, 2003, convicting him, upon a plea of guilty, of menacing in the second degree and imposing sentence.


PER CURIAM:

Judgment of conviction (Ellen M. Coin, J.), rendered March 6, 2003, affirmed.

Defendant's present challenge to the adequacy of his plea allocution is not preserved for appellate review since he failed to move to withdraw his plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. There is no "uniform mandatory catechism of pleadings defendants," only that it be demonstrable that the plea was voluntary, knowing and intelligent (see People v Nixon, 21 NY2d 338, 353 [1967], cert denied sum nom. Robinson v New York, 393 US 1067 [1969]), which is shown by a review of the minutes herein.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 18, 2007