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PEOPLE v. GARRETT

60 A.D.3d 1389 (2009)

876 N.Y.S.2d 580

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE GARRETT, Appellant.

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

Decided March 20, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [3]). Defendant failed to preserve for our review his challenge to the voluntariness of the plea inasmuch as he failed to move to withdraw the plea or to vacate the judgment of conviction (see People v Kuras, 49 A.D.3d 1196...

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