Defendant's challenge to the sufficiency of the plea allocution is unpreserved for appellate review as a matter of law, defendant never having moved to withdraw the plea or vacate the judgment of conviction and there being nothing in the allocution that should have put the court on notice that defendant had a justification defense under Penal Law § 35.15 (see, People v Lopez,
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PEOPLE v. OSORIO
210 A.D.2d 188 (1994)
621 N.Y.S.2d 855
The People of the State of New York, Respondent, v. Teddy Osorio, Also Known as Teddy Rosario, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 29, 1994
December 29, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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