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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. AMIR WILLIAMS, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of robbery in the first degree (Penal Law § 160.15). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was coerced ( see People v. Newman [appeal No. 1], 231 A.D.2d 875, lv denied 89 N.Y.2d 944; see generally People v. Lopez, 71 N.Y.2d 662, 665). This is not one of those rare cases in which preservation is not required ( see Lopez, 71 N.Y.2d at 666). To the extent that the further contention of defendant that he was denied effective assistance of counsel survives his plea of guilty ( see People v. Hilken, 6 A.D.3d 1109 [Apr. 30, 2004]), we conclude that it lacks merit ( see People v. Ford, 86 N.Y.2d 397, 404).

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PEOPLE v. WILLIAMS
(Apr 30, 2004)