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PEOPLE v. JIMENEZ

1317, 3818/10.

139 A.D.3d 631 (2016)

32 N.Y.S.3d 163

2016 NY Slip Op 04139

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS JIMENEZ, Appellant.

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

Decided May 31, 2016.

Regardless of any question of preservation, defendant's claim that the court improperly refused to accept a guilty plea is unreviewable on direct appeal because it turns on unrecorded discussions and other matters not reflected in the record (see People v Kinchen, 60 N.Y.2d 772 [1983]). To the extent the present record permits review, we find that the court properly exercised its discretion in not completing defendant's plea allocution...

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