Since defendant's argument that his South Carolina conviction could not serve as a predicate felony because the statute on which it was based precludes an agency defense was not raised either at sentencing or on the CPL 440.20 motion, it is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would adhere to our previous holdings that the unavailability of the agency defense in a foreign jurisdiction has no bearing on whether...
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