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PEOPLE v. CARTER

7 A.D.3d 389 (2004)

776 N.Y.S.2d 465

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN CARTER, Appellant.

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

May 18, 2004.

Since defendant did not move to withdraw his plea or vacate the judgment of conviction, he has not preserved his challenge to the sufficiency of the plea allocution. This case does not fall within the narrow exception to the preservation requirement set forth in People v Lopez (71 N.Y.2d 662 [1988]), and we decline to review defendant's claim in the interest of justice. Were we to review this claim, we would reject it since every...

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