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PEOPLE v. GILBERT

258 A.D.2d 360 (1999)

683 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN GILBERT, Also Known as KEVIN BARNAS, Appellant.

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

Decided February 18, 1999.

Since defendant did not move to withdraw his plea or to vacate the judgment of conviction, he has not preserved for review his challenge to the sufficiency of the plea allocution (see, People v Toxey, 86 N.Y.2d 725), and we decline to review it in the interest of justice. Were we to review this claim, we would find that nothing in the allocution cast doubt on defendant's guilt or the voluntariness of his plea. Defendant's remaining...

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