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PEOPLE v. GUANCE

61 A.D.3d 552 (2009)

878 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENIO GUANCE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2009.

Since defendant did not move to withdraw his guilty plea or vacate the judgment, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 N.Y.2d 662 [1988]), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The record establishes the voluntariness...

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