The Court of Appeals affirmed because Lopez did not preserve his challenge to the factual sufficiency of the plea allocution by moving to withdraw his plea or vacate the judgment.
New York Court of Appeals, 1988
Published opinions from 1988. The case name opens the case page.
1988 opinions
New YorkThe People of the State of New York v. Johnny Rivera, Appellant the People of the State of New York v. Louis Montana
May 31, 198871 N.Y.2d 705
The court affirmed the orders in both cases, rejecting the defendants’ ineffective-assistance claims based on counsel’s failure to pursue suppression hearings. A defendant relying on counsel’s failure to seek a hearing must show that no strategic or other legitimate explanation accounted for the omission; neither…