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PEOPLE v. SANTOS

1443, 1886N/09.

140 A.D.3d 499 (2016)

32 N.Y.S.3d 487

2016 NY Slip Op 04669

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIOLIS SANTOS, Appellant.

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

Decided June 14, 2016.

Defendant had the practical ability to withdraw his plea before sentencing, and his challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 N.Y.3d 375, 381-382 [2015]). We decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the plea was knowing, intelligent, and voluntary, including with regard...

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