People v. Ballinger, 24 A.D.3d 792

Ordered that the judgment is affirmed.

By withdrawing his motion to vacate the judgment of conviction pursuant to CPL 440.10, the defendant failed to preserve any claim that his plea was not knowingly, voluntarily, and intelligently made (see People v Pellegrino, 60 NY2d 636 [1983]; People v Cook, 252 AD2d 595 [1998]; People v La Boy, 152 AD2d 866 [1989]).

The defendant‘s remaining contention was effectively waived by him as part of his plea bargain (see People v Callahan, 80 NY2d 273 [1992]; People v Seaberg, 74 NY2d 1 [1989]). Cozier, J.P., S. Miller, Santucci, Smith and Fisher, JJ., concur.

Case Details

Case Name: People v. Ballinger

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 27, 2005

Citations: 24 A.D.3d 792; 807 N.Y.S.2d 136

Court Abbreviation: N.Y. App. Div.