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PEOPLE v. ANAYA

8 A.D.3d 33 (2004)

777 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON ANAYA, Appellant.

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

June 3, 2004.

Since defendant's motion to withdraw his plea was made on different grounds, his claim that his plea was rendered involuntary by the court's failure to inquire about the affirmative defense to felony murder contained in Penal Law § 125.25 (3) is unpreserved (People v Townsend, 257 A.D.2d 458 [1999]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant's plea was...

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