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PEOPLE v. SMITH

55 A.D.3d 639 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TARRENCE SMITH, Appellant.

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

October 7, 2008.

Ordered that the judgment is affirmed.

Having failed to move to withdraw his plea prior to sentencing, the defendant's current contentions that his plea was not knowingly, voluntarily, and intelligently entered, and that he was denied the effective assistance of counsel, are unpreserved for appellate review (see People v Toxey, 86 N.Y.2d 725 [1995]; People v LeGrady, 50 A.D.3d 1059

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