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PEOPLE v. KELLY

50 A.D.3d 921 (2008)

854 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK KELLY, Appellant.

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

Decided April 15, 2008.

Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not voluntary or knowing is unpreserved for appellate review, since he did not move to withdraw his plea or to vacate the judgment on that ground (see People v Toxey, 86 N.Y.2d 725 [1995]; People v Fecu, 38 A.D.3d 565 [2007]; People v Huchital, 22 A.D.3d 681

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