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PEOPLE v. MACKIE

54 A.D.3d 651 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAYSAUN MACKIE, Appellant.

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

September 30, 2008.

Since defendant did not move to withdraw his guilty plea on the grounds he raises on appeal, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 N.Y.2d 662 [1988]), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The record establishes that defendant...

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