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PEOPLE v. HART

6640, 4235/06

91 A.D.3d 574 (2012)

937 N.Y.S.2d 580

2012 NY Slip Op 641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL HART, Appellant.

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

Decided January 31, 2012.

Defendant, who did not move to withdraw his guilty plea, did not preserve his challenge to his plea allocution, 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 because the allocution did not cast doubt on defendant's guilt. As an alternative holding, we find that defendant's plea was knowing, intelligent...

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