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PEOPLE v. CHRISTIAN

287 A.D.2d 273 (2001)

730 N.Y.S.2d 858

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. O'HARA CHRISTIAN, Appellant.

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

Decided October 9, 2001.

Since defendant failed to move to withdraw his guilty plea or vacate his conviction, his challenge to his factual allocution is unpreserved and we decline to review it in the interest of justice (see, People v Toxey, 86 N.Y.2d 725). Were we to review this claim, we would find that the court's careful factual allocution clearly established defendant's guilt and that nothing in defendant's remarks suggested a viable justification...

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