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PEOPLE v. GRAHAM

261 A.D.2d 414 (1999)

690 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS GRAHAM, Appellant.

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

Decided May 3, 1999.

Ordered that the judgment is affirmed.

The defendant failed to preserve his challenge to the voluntariness of his plea since he never moved to withdraw his plea or to vacate the judgment of conviction in the Supreme Court (see, People v Pellegrino, 60 N.Y.2d 636). In any event, the defendant knowingly and voluntarily entered into the plea and concomitant waiver of the right to appeal with the advice of counsel. Thus, the...

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