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PEOPLE v. KAPASAKIS

10698, 4873/15.

179 A.D.3d 435 (2020)

117 N.Y.S.3d 242

2020 NY Slip Op 00075

The People of the State of New York, Respondent, v. Peter Kapasakis, Appellant.

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

Decided January 7, 2020.

Defendant has not preserved his challenge to the validity of his guilty plea, as he did not move to vacate his plea before sentencing (People v Williams, 27 N.Y.3d 212, 214 [2016]). This case does not fall within the "narrow exception" where, because of the sequence of events, the defendant has "no practical ability" to move to withdraw his plea (id. at 214, 220-221). Defendant, who was represented by counsel, had the opportunity...

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