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PEOPLE v. PADILLA

73 KA 19-02104.

203 A.D.3d 1564 (2022)

161 N.Y.S.3d 894

2022 NY Slip Op 01636

The People of the State of New York, Respondent, v. Marino Padilla, Appellant.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

LAW OFFICE OF VERONICA REED, SCHENECTADY (VERONICA REED OF COUNSEL), FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ERICH D. GROME OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the second degree (Penal Law § 120.05[7]). Defendant's challenges to the voluntariness of his guilty plea are unpreserved, and the narrow exception to the preservation requirement set forth in People v Lopez (71 N.Y.2d 662, 666 [1988]) does...

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