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PEOPLE v. DIAZ

4083, 5795/08.

80 A.D.3d 514 (2011)

915 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE DIAZ, Appellant.

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

Decided January 20, 2011.

Defendant did not move to withdraw his guilty plea, or make any statements at sentencing that could be construed as such a motion. 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 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...

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