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THE PEOPLE, etc., respondent, v. LEWIS DOCTOR, appellant. (Ind. Nos. 2086/97 and 11184/97)

DECISION ORDER

ORDERED that the judgments and the amended sentence are affirmed.

The defendant's contention that his allocutions under both indictments were insufficient because the Supreme Court failed to inquire about a possible affirmative defense is unpreserved for appellate review, since the defendant neither moved to withdraw the pleas before sentencing on that ground nor moved to vacate the judgments of conviction (see, People v. Morillo, 221 A.D.2d 274 ). Further, the narrow exception to the preservation rule described in People v. Lopez ( 71 N.Y.2d 662 ) does not apply, since in his allocutions the defendant did not cast "significant doubt" on the validity of his pleas (see, People v. Toxey, 86 N.Y.2d 725, 726 ).

The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are without merit.

RITTER, J.P., ALTMAN, KRAUSMAN, and McGINITY, JJ., concur.

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PEOPLE v. DOCTOR
(Mar 9, 2000)