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PEOPLE v. HARDEE
Appellate Division of the Supreme Court of New York, Second Department.
May 3, 2011
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Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of his plea allocution ( see People v Brown, 78 AD3d 723; People v Johnson, 73 AD3d 951).
Since the defendant failed to move to withdraw his plea, his current contention that the plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review ( see CPL 470.05; People v LeGrady, 50 AD3d 1059, 1060). In any event, the record reveals that the defendant's plea of guilty was entered knowingly, voluntarily, and intelligently ( see People v Fiumefreddo, 82 NY2d 536; People v Hollingsworth, 74 AD3d 1359).
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