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PEOPLE v. HERRERA

4142. 250/14.

150 A.D.3d 625 (2017)

2017 NY Slip Op 04232

55 N.Y.S.3d 220

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE HERRERA, Respondent.

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

Decided May 30, 2017.

Because defendant had an opportunity to move to withdraw his plea, but did not do so, his challenge to the voluntariness of the plea is unpreserved (see People v Conceicao, 26 N.Y.3d 375, 381 [2015]), and we decline to review it in the interest of justice. The narrow exception to the preservation rule (see People v Lopez, 71 N.Y.2d 662, 666 [1988]) does not apply, because "[d]efendant said...

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