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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIAN Z. BARNES, Appellant.

Judgment unanimously affirmed. Memorandum: The record supports Supreme Court's determination that defendant's statement to the police was not involuntarily made ( see, CPL 60.46; People v Torres, 186 A.D.2d 466, lv denied 81 N.Y.2d 795; People v. Schultz, 161 A.D.2d 970, lv denied 76 N.Y.2d 944) and that it was therefore admissible for impeachment purposes ( see, People v. Maerling, 64 N.Y.2d 134, 140). 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 his plea was not knowingly, intelligently and voluntarily made ( see, People v Brown, 233 A.D.2d 947, lv denied 89 N.Y.2d 940; People v. Downing, 225 A.D.2d 1094, lv denied 88 N.Y.2d 846). We decline to exercise our power to address that contention as a matter of discretion in the interest of justice ( see, CPL 470.15[a]). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Robbery, 1st Degree.)

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PEOPLE v. BARNES
(May 30, 1997)