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PEOPLE v. McINTOSH

14945, 4443/08.

127 A.D.3d 627 (2015)

5 N.Y.S.3d 874

2015 NY Slip Op 03462

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY McINTOSH, Appellant.

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

Decided April 28, 2015.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 30, 2010, convicting defendant, upon his plea of guilty, of identity theft in the first degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

Defendant is not entitled to relief under People v Peque (22 N.Y.3d 168 [2013]). Initially, we note that defendant has not established that the exception to the preservation requirement...

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