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PEOPLE v. OLDRING

191 A.D.2d 346 (1993)

595 N.Y.S.2d 754

The People of the State of New York, Respondent, v. Frank Oldring, Appellant

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

March 23, 1993

Defendant's failure to move to vacate the judgment pursuant to CPL 440.10 or to withdraw his plea pursuant to CPL 220.60 (3), renders defendant's present claim of lack of capacity unpreserved as a matter of law (cf., People v Lopez, 71 N.Y.2d 662). Were we to review in the interest of justice, we would note that defendant responded accurately and logically to each of the court's questions, and that the attorney who represented...

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