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PEOPLE v. PORTER

2011-03869.

95 A.D.3d 1239 (2012)

943 N.Y.S.2d 913

2012 NY Slip Op 4033

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMEL PORTER, Appellant.

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

Decided May 23, 2012.

Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent because the County Court did not specifically inform him of the availability of an affirmative defense to robbery in the first degree is unpreserved for appellate review (see People v Toxey, 86 N.Y.2d 725, 726 [1995]; People v McCallum, 84 A.D.3d 1117

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