Defendant's challenges to the validity of his plea are unpreserved, and we decline to address them in the interest of justice. Defendant had a practical ability to raise these claims by moving to withdraw the plea, but he did not do so, and the narrow exception to the preservation requirement does not apply (see People v Conceicao,
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PEOPLE v. MORALES
Ind. No. 1202/16. Appeal No. 15292. Case No. 2018-2255.
202 A.D.3d 548 (2022)
159 N.Y.S.3d 665
2022 NY Slip Op 00978
The People of the State of New York, Respondent, v. Jose Morales, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 15, 2022.
Decided February 15, 2022.
Attorney(s) appearing for the Case
Caprice R. Jenerson , Office of The Appellate Defender, New York ( Mandy E. Jaramillo of counsel), for appellant.
Cyrus R. Vance, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.
Concur—Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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