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PEOPLE v. MOSS

212 A.D.2d 372 (1995)

623 N.Y.S.2d 103

The People of the State of New York, Respondent, v. James Moss, Appellant

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

February 7, 1995

Defendant failed to preserve for appellate review the issue that he lacked the capacity to enter a knowing and intelligent guilty plea by failing to move either to withdraw his pleas under CPL 220.60 (3), or to vacate the judgment of conviction pursuant to CPL 440.10 (People v Lopez, 71 N.Y.2d 662, 665). Were we to review this claim in the interest of justice, we would find it meritless because the totality of the circumstances ...

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