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PEOPLE v. ROSA

16442

135 A.D.3d 434 (2016)

22 N.Y.S.3d 423

2016 NY Slip Op 00029

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER ROSA, Appellant.

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

Decided January 7, 2016.

Generally, a defendant must move to withdraw the plea or to vacate the judgment of conviction to preserve a claim that a guilty plea is invalid (see People v Conceicao, 26 N.Y.3d 375, 381 [2015]). However, a narrow exception exists "where the particular circumstances of a case reveal that a defendant had no actual or practical ability to object to an alleged error in the taking of a plea...

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