People v. Genna A. Turner
AD4 order dated June 14, 2013, affirming judgment of conviction. Decision below: 107 AD3d 1543, 966 NYS2d 779. Martoche, J. (AD dissenter), granted leave August 6, 2013.
ISSUE PRESENTED: Whether a Catu (PRS) violation has to be preserved for appellate review by a motion to withdraw the plea if the PRS, while not mentioned at the plea, was mentioned at the beginning of the sentencing proceedings.
Necessity of plea withdrawal motion to preserve a Catu claim, where PRS was mentioned at the beginning of the sentencing proceedings