The record establishes that defendant entered his guilty plea knowingly, voluntarily and intelligently. We conclude that the claimed deficiency in defendant's factual allocution does not cast significant doubt on his guilt or on the voluntariness of his plea. The fact that the allocution suggested a potential affirmative defense does not require a different result. Therefore, the exception to the preservation requirement is not applicable (see People v Toxey,
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PEOPLE v. SUMPTER
304 A.D.2d 306 (2003)
756 N.Y.S.2d 741
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JON SUMPTER, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 1, 2003.
Decided April 1, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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