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PEOPLE v. CUENCA

2019-11887.

208 A.D.3d 1363 (2022)

174 N.Y.S.3d 591

2022 NY Slip Op 05329

The People of the State of New York, Respondent, v. Michael Cuenca, Appellant.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Cynthia Colt of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Candi Green of counsel), for respondent.

Brathwaite Nelson, J.P., Chambers, Wooten and Ford, JJ., concur.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the validity of his guilty plea, as he did not move to withdraw the plea, or otherwise raise the issue before the Supreme Court (see People v Lopez, 71 N.Y.2d 662, 665-666 [1988]; People v Steele, 197 A.D.3d 512, 512-513 [2021]; People v Barrow, 187 A.D.3d 1034 [2020]). Moreover, contrary to the defendant...

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