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PEOPLE v. HARRIS

4799/12. 7732A. 1602/13. 7732.

166 A.D.3d 553 (2018)

86 N.Y.S.3d 720

2018 NY Slip Op 08100

The People of the State of New York, Respondent, v. Michelle Harris, Appellant.

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

Decided November 27, 2018.

Defendant's challenge to the voluntariness of her plea to sale of a controlled substance is unpreserved, and we decline to review it in the interest of justice. Because "[d]efendant said nothing [at] the plea colloquy or ... sentencing proceeding that negated an element of the crime or raised the possibility of a ... defense," the narrow exception to the preservation rule does not apply (see People v Pastor, 28 N.Y.3d 1089, 1090...

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