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PEOPLE v. EDWARDS

Inds. No. 5047/14, 5456/14, 5400/14, 22/15. Appeal No. 14888-14888A-14888B-14888C. Case No. 2017-1446.

200 A.D.3d 581 (2021)

155 N.Y.S.3d 545

2021 NY Slip Op 07088

The People of the State of New York, Respondent, v. Barry Edwards, Appellant.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Barbara Zolot of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Claire Lynch of counsel), for respondent.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

Defendant did not preserve his challenge to his pleas to attempted second-degree burglary, and we decline to review it in the interest of justice. The narrow exception to the preservation rule explained in People v Lopez (71 N.Y.2d 662, 665-666 [1988]) does not apply because defendant's factual recitation did not negate any element of the crime or cast significant doubt on his guilt. As...

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