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PEOPLE v. COLSTON

2008-04988

68 A.D.3d 1130 (2009)

2009 NY Slip Op 9672

892 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES J. COLSTON, Appellant.

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

Decided December 22, 2009.

Ordered that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction (see CPL 220.60 [3]; 440.10; People v Lopez, 71 N.Y.2d 662, 665 [1988]; People v Pellegrino, 60 N.Y.2d 636, 637 [1983]; People...

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