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PEOPLE v. SPOSATO

3759, 1849/09.

79 A.D.3d 420 (2010)

913 N.Y.S.2d 36

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN SPOSATO, Appellant.

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

Decided December 2, 2010.

Regardless of the validity of the waiver of the right to appeal, we find no basis for reversal.

To the extent defendant is challenging the sufficiency of his plea allocution, that claim is unpreserved and we decline to review it in the interest of justice; the narrow exception to the preservation rule explained in People v Lopez (71 N.Y.2d 662, 665-666 [1988]) does not apply since defendant's factual recitation did not negate...

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