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PEOPLE v. TOLEDO

204 A.D.2d 667 (1994)

614 N.Y.S.2d 238

The People of the State of New York, Respondent, v. Wilfredo Toledo, Appellant

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

May 23, 1994

Ordered that the judgment is modified, on the law, by reducing the minimum term of imprisonment to 8 1/3 years; as so modified, the judgment is affirmed.

The defendant contends that the factual recitation at his plea allocution is legally insufficient to support his conviction of attempted murder in the second degree. However, since the defendant never moved to withdraw his plea or to vacate the judgment of conviction, his...

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