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PEOPLE v. GARCIA

216 A.D.2d 36 (1995)

627 N.Y.S.2d 666

The People of the State of New York, Respondent, v. Joselito Garcia, Also Known as Nelson David Hernandez, Appellant

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

June 8, 1995

Defendant failed to preserve his current challenge to the factual sufficiency of the plea allocution since he did not move to withdraw his plea under CPL 220.60 or to vacate the judgment of conviction under CPL 440.10 (People v Lopez, 71 N.Y.2d 662, 665), and we decline to reach the claim in the interest of justice. In any event, since defendant pled guilty to second degree criminal possession of a controlled substance, a lesser...

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