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PEOPLE v. CEPEDA

Ind. Nos. 3550/18, 3458/18. Appeal No. 14012. Case No. 2019-02979.

195 A.D.3d 477 (2021)

144 N.Y.S.3d 859

2021 NY Slip Op 03561

The People of the State of New York, Respondent, v. Romulo Cepeda, Appellant.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Ivan Pantoja of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sheila L. Bautista of counsel), for respondent.

Concur—Renwick, J.P., Kern, Scarpulla, Mendez, JJ.

Defendant's challenges to his plea do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 N.Y.3d 375, 382 [2015]), and we decline to review these unpreserved claims in the interest of justice. Defendant had ample opportunity, with the assistance of counsel, to alert the court to any defects in the plea colloquy, or to move to withdraw the plea. As an alternative holding, we find that the...

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