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PEOPLE v. ORELLANA

11224, 2263/15.

181 A.D.3d 457 (2020)

117 N.Y.S.3d 575

2020 NY Slip Op 01574

The People of the State of New York, Respondent, v. Isidro Orellana, Appellant.

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

Decided March 10, 2020.

Defendant did not preserve his argument that his guilty plea was rendered invalid by the court's misstatement that sexual abuse in the first degree was not a violent felony offense. Defendant did not move to withdraw his plea before sentencing (see People v Williams, 27 N.Y.3d 212, 214 [2016]), and this case does not fall within the narrow exception where, because of the sequence of events, the defendant has "no practical ability...

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