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PEOPLE v. MOORE

261 A.D.2d 421 (1999)

690 N.Y.S.2d 75

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY MOORE, Appellant.

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

Decided May 3, 1999.

Ordered that the amended judgment is affirmed.

The defendant failed to appeal from the original judgment. Thus, his challenge to the plea proceeding is jurisdictionally foreclosed (see, People v McMillan, 228 A.D.2d 166; People v Serrano, 203 A.D.2d 395). Moreover, his failure to move to withdraw that plea or to vacate the judgment and sentence entered thereon renders his challenge...

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