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PEOPLE v. HERRING

274 A.D.2d 525 (2000)

712 N.Y.S.2d 388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN HERRING, Appellant.

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

Decided July 24, 2000.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention his plea of guilty was knowingly, voluntarily, and intelligently made (see, People v Harris, 61 N.Y.2d 9). The record establishes that the defendant was aware of the affirmative defense available pursuant to Penal Law § 160.15 (4), and that he waived his right to assert that the defense in exchange...

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