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PEOPLE v. DAY

242 A.D.2d 580 (1997)

662 N.Y.S.2d 92

The People of the State of New York, Respondent, v. Tyrus Day, Appellant

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

September 15, 1997

Ordered that the judgment is affirmed.

Since the defendant failed to make a motion to withdraw his plea of guilty, his challenge to the factual sufficiency of his plea is unpreserved for review (see, People v Pellegrino, 60 N.Y.2d 636). We reject the defendant's contention that preservation was not required as there is nothing in the defendant's allocution which would cast significant doubt on his guilt or otherwise...

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