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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS HOPETON, Appellant.

Defendant did not preserve his current claim that he was coerced by the court into entering the guilty plea, since his motion to withdraw the plea was made on other grounds ( People v. Cummings, 235 A.D.2d 276, lv denied 89 N.Y.2d 1091). In any event, the record indicates that defendant entered a knowing, intelligent and voluntary guilty plea, in exchange for a favorable sentence. Contrary to defendant's current claim of coercion, the court properly noted that the negotiated plea was very favorable to defendant, in light of the sentencing range that would apply if defendant were found guilty, after trial, of the charge in the indictment ( People v. Tien, 228 A.D.2d 280, 281, lv denied 88 N.Y.2d 970). Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.

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PEOPLE v. HOPETON
(Dec 8, 1998)