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PEOPLE v. RODRIGUEZ

59 A.D.3d 173 (2009)

873 N.Y.S.2d 35

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

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

Decided February 5, 2009.

Defendant's challenge to the voluntariness of his plea is unpreserved (see People v Lopez, 71 N.Y.2d 662 [1988]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The plea was knowing, intelligent and voluntary, and there was nothing in the allocution that cast doubt on defendant's guilt. While defendant was initially reluctant to admit his guilt, he ultimately did...

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