Can a defendant who has pleaded guilty to a charge of sexual assault in a federal criminal case now appeal against his original conviction?
"New York", United States of America
The following excerpt is from People v. Smith, 2016 N.Y. Slip Op. 07106, 28 N.Y.3d 191, 43 N.Y.S.3d 771, 66 N.E.3d 641 (N.Y. 2016):
Based on this exchange, defendant, having chosen not to seek the remedy of vacatur of the guilty plea and the opportunity to be restored to a preplea status, cannot now claim his original conviction was unconstitutionally obtained (see generally People v. DeValle, 94 N.Y.2d 870, 704 N.Y.S.2d 924, 726 N.E.2d 476 [2000] ).
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