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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN PARRA, Appellant.

Since defendant did not move to withdraw his plea or to vacate the judgment, and since this case does not come within the narrow exception to the preservation requirement ( see, People v. Lopez, 71 N.Y.2d 662; People v. Ntiamoah, 247 A.D.2d 248, lv denied 91 N.Y.2d 975), his challenge to the voluntariness of his plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant's plea was knowing, intelligent, and voluntary, and that nothing in defendant's statement at sentencing required any inquiry, sua sponte, by the court ( see, People v. Bruno, 147 A.D.2d 490; see also, People v. Ntiamoah, supra).

Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.

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PEOPLE v. PARRA
(Jun 17, 1999)