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PEOPLE v. TABARES

52 A.D.3d 437 (2008)

860 N.Y.S.2d 114

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL TABARES, Appellant.

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

Decided June 26, 2008.

Since defendant's plea withdrawal motion was based on a completely different claim from the one he raises on appeal, his present claim that his plea was coerced by the court's alleged misrepresentation as to his sentencing exposure had he gone to trial is unpreserved (see People v Cerveira, 6 A.D.3d 294 [2004], lv denied 3 N.Y.3d 704 [2004]), and we decline to review it in the interest of...

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