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PEOPLE v. MARTINEZ

286 A.D.2d 447 (2001)

730 N.Y.S.2d 246

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY MARTINEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 20, 2001.

Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review his claim that his plea allocution was defective because he failed to move to withdraw his plea of guilty. This case does not fit within the narrow exception to the preservation doctrine set forth in People v Lopez (71 N.Y.2d 662) (see, People v Toxey, 86 N.Y.2d 725; People v Wallace,

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