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PEOPLE v. LANZOT

Ind. No. 2084/12. Appeal No. 15548. Case No. 2019-3216.

203 A.D.3d 586 (2022)

162 N.Y.S.3d 714

2022 NY Slip Op 01973

The People of the State of New York, Respondent, v. Benjamin Lanzot, Appellant.

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

Decided March 22, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Victorien Wu of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Victoria Muth of counsel), for respondent.

Concur— Renwick, J.P., Manzanet-Daniels, Singh, Kennedy, Scarpulla, JJ.

Defendant's challenges to his plea are unpreserved, and we decline to review 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, 26 N.Y.3d 375, 381-382 [2015]; People v Peque, 22 N.Y.3d 168, 182-183 [2013...

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