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PEOPLE v. SIMMONS

LT-004744-16.

146 A.D.3d 560 (2017)

2017 NY Slip Op 00261

44 N.Y.S.3d 738

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMY SIMMONS, Appellant.

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

Decided January 17, 2017.

Defendant's challenge to the voluntariness of his plea does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 N.Y.2d 662, 665-666 [1988]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. Defendant's plea allocution establishes the voluntariness of the plea and contains nothing that casts any doubt on defendant...

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