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PEOPLE v. FRANCIS

KA 07-00816.

2008 NY Slip Op 06088

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES C. FRANCIS, JR., DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.

R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (NEAL P. McCLELLAND OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, LUNN, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the third degree (Penal Law § 140.20). Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v. Lopez, ...

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