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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOHN WOODS, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

By failing to move either to withdraw his plea of guilty to a violation of probation or to vacate the judgment of conviction, defendant failed to preserve for our review his present contention that the plea was not voluntary ( see, People v. Millard, 279 A.D.2d 807 [decided Jan. 18, 2001]; People v. Bryant, 262 A.D.2d 791). In any event, the record supports the conclusion that the plea was voluntary ( see, People v. Millard, supra; cf., People v. Bryant, supra). The sentence is neither unduly harsh nor severe.

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PEOPLE v. WOODS
(Mar 21, 2001)