 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
OPINION
|
EXTRACTED KEY WORDS
MEMORANDUM ACCORDANCE REVIEW RESPONDENT COURT GUILTY PLEA PURSUANT LAW JUDGE OPINION PUBLICATION YORK REPORTS CAROL REMER-SMITH FRANK LOSS WITHDRAW CPL EXERCISE REVIEW POWER SUBMISSIONS PURSUANT FIRST DEPARTMENT CHIEF JUDGE KAYE JUDGES SMITH LEVINE CIPARICK WESLEY ROSENBLATT GRAFFEO CONCUR |
1 No. 117 SSM 5
The People &c.,
Appellant,
v.
Yakim Ali,
Respondent.
_________________________________________________________________
2001 NY Int. 69
June 7, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Submitted by Carol A. Remer-Smith, for appellant.
Submitted by Frank J. Loss, for respondent. MEMORANDUM: The order of
the Appellate Division should be reversed, and the case remitted to
that court for further proceedings in accordance with this memorandum.
Because defendant failed to timely move to withdraw his guilty plea
pursuant to CPL 220.60(3), his claim that his guilty plea should be
vacated has not been preserved as a question of law for review. The
Appellate Division erroneously concluded that a question of law was
preserved. Accordingly, the case must be remitted to the
Appellate Division to allow that court to exercise its broader review
power.
_________________________________________________________________
On review of submissions pursuant to section 500.4 of the Rules, order
reversed and case remitted to the Appellate Division, First
Department, for further proceedings in accordance with the memorandum
herein. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley,
Rosenblatt and Graffeo concur.
Decided June 7, 2001
SNIPPETS:
|
|
|
| | | |
|
|
