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PEOPLE v. PASTOR

No. 228 SSM 40.

28 N.Y.3d 1089 (2016)

68 N.E.3d 42

45 N.Y.S.3d 317

2016 NY Slip Op 08399

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATALIO PASTOR, Appellant.

Court of Appeals of New York.

Decided December 15, 2016.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Robin Nichinsky of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Emily A. Aldridge of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's challenges to the validity of his guilty plea are unpreserved and unreviewable by this Court. Defendant had "an opportunity to seek relief from the sentencing court" by moving to withdraw his plea based on his alleged justification defense, and therefore the "narrow exception to the preservation requirement" does not apply (People v Conceicao,...

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