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PEOPLE v. McLEOD

Appeal No. 15916. Case No. 2019-2049.

205 A.D.3d 484 (2022)

165 N.Y.S.3d 840

2022 NY Slip Op 03079

The People of the State of New York, Respondent, v. Jamal McLeod, Appellant.

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

Decided May 10, 2022.

Attorney(s) appearing for the Case

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

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

Concur—Renwick, J.P., Mazzarelli, Gesmer, González, JJ.

Defendant's challenges to the voluntariness of 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. In taking the ultimate misdemeanor plea challenged on appeal, the court announced its intention to, in effect, incorporate by reference a prior plea allocution in the same case...

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