People v. Martin Heidgen


AD2 order dated September 13, 2011, affirming judgment of conviction after a guilty plea. Decision below: 87 A.D.3d 1035, 929 N.Y.S.2d 500. Graffeo, J., granted leave December 12, 2011.

ISSUE PRESENTED: The validity of the Alford plea; whether a claim that such a plea was invalidly-taken has to be preserved by a motion for plea withdrawal. (Assigned counsel: Jillian S. Harrington, PO Box 6006, Monroe Township, N.J. 08831.)

Issue before the Court: Whether a claim that an Alford plea should not have been accepted is unpreserved because no motion to withdraw the plea or 440 motion was made.


Held: Such a claim must be preserved via motion to withdraw the plea or 440 motion.