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PEOPLE v. DIALLO

Nos. 5701, 3002/06

88 A.D.3d 511 (2011)

930 N.Y.S.2d 194

2011 NY Slip Op 7178

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHA DIALLO, Also Known as ALPHA ISMAEL DIALLO, Appellant.

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

Decided October 13, 2011.

Defendant claims that, at the time of the plea allocution, the court was obligated to ask defendant if he understood he was giving up any psychiatric defense. Initially we note that defendant has not moved to withdraw his guilty plea. Moreover, this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 N.Y.2d 662 [1988]), because there was nothing in the plea allocution that cast doubt...

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