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PEOPLE v. CECILIO

255 A.D.2d 245 (1998)

682 N.Y.S.2d 13

The People of the State of New York, Respondent, v. Antonio Cecilio, Appellant

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

November 24, 1998

By not moving to withdraw his plea or vacate the judgment, defendant has failed to preserve his present challenge to the factual recitation accompanying his guilty plea to tampering with physical evidence, and we decline to review it in the interest of justice. The exception to the preservation requirement (see, People v Toxey, 86 N.Y.2d 725) does not apply because the recitation...

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