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PEOPLE v. GASTON

Ind. No. 4648/16. Appeal No. 16425. Case No. 2019-05179.

209 A.D.3d 507 (2022)

175 N.Y.S.3d 201

2022 NY Slip Op 05771

The People of the State of New York, Respondent, v. Tavares Gaston, Appellant.

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Franklin R. Guenthner of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.

Judgment, Supreme Court, New York County (Ann E. Scherzer, J., at plea; Ellen N. Biben, J., at sentencing), rendered September 13, 2019, convicting defendant of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

Defendant's challenges to his plea are unpreserved, and they do not come within the narrow exception to the preservation...

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