X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

11226. PEOPLE, res, v. JOSE DIAZ, def-ap — Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for res — Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered March 11, 2011, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a conditional discharge and a $500 fine, 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 NY2d 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.). As an alternative holding, we find, based on all the relevant circumstances, that defendant entered into his plea knowingly, voluntarily, and intelligently (see People v. Nyarko, 93 AD3d 555 [1st Dept 2012], lv denied 19 NY3d 965 [2012]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Company DescriptionA prominent boutique AV rated Education Law firm located in Westbury, New York. Our firm specializes in education law, sp...


Apply Now ›

Seeking motivated and skilled litigation attorney to join our dynamic defense litigation firm. Role Involves:Conducting thorough research.Ha...


Apply Now ›

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...


Apply Now ›