Appellate Division of the Supreme Court of the State of New York April 8, 1985 (People v. Ellerbe)

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United States · · · 08-04-1985

Inasmuch as the defendant failed to raise any objections to the sufficiency of the plea allocution or to the constitutionality of Penal Law § 70.06 in the court of first instance, he has failed to preserve these issues for appellate review as a matter of law (People v Pellegrino, 60 NY2d 636; People v Rembert, 105 AD2d 717; People v Cates, 104 AD2d 895).

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