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PEOPLE v. VARGAS

6918, 3803/12.

162 A.D.3d 531 (2018)

75 N.Y.S.3d 416

2018 NY Slip Op 04516

The People of the State of New York, Respondent, v. Octavio Vargas, Appellant.

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

Decided June 19, 2018.

Defendant's challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice. Because "[d]efendant said nothing [at] the plea colloquy or ... sentencing proceeding that negated an element of the crime," the narrow exception to the preservation rule does not apply (see People v Pastor, 28 N.Y.3d 1089, 1090-1091 [2016]; People v Lopez, 71 N.Y.2d 662

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