PEOPLE v. McNAIR


215 A.D.2d 849 (1995)

626 N.Y.S.2d 330

The People of the State of New York, Respondent, v. Lee T. McNair, Appellant

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

May 11, 1995


Defendant pleaded guilty to criminal sale of a controlled substance in the fourth degree and, as part of the plea agreement, waived his right to appeal the judgment of conviction. He now asserts that the waiver was not knowing and voluntary. In view of defendant's failure to move to withdraw his plea or vacate the judgment of conviction, we find that he has failed to preserve this issue for review. In any event, our review of the record discloses that the plea was knowing...

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