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PEOPLE v. GREEN

229 A.D.2d 548 (1996)

644 N.Y.S.2d 1010

The People of the State of New York, Respondent, v. Anthony Green, Appellant

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

July 22, 1996

Ordered that the judgment is affirmed.

The defendant failed to make a motion to withdraw his plea of guilty. Thus, he failed to preserve for appellate review his contentions that the defense of agency should have been presented to the Grand Jury and that his plea allocution was insufficient (see, People v Pellegrino, 60 N.Y.2d 636). Since the defendant received the promised sentence, he has no basis to

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