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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN TIEN, Appellant.

Defendant's claim that his plea was coerced by the court is unpreserved as a matter of law since he never moved to withdraw his plea or to vacate the judgment of conviction ( People v Lopez, 71 N.Y.2d 662). In any event, it was not coercive for the court to inform defendant as to the possible sentences available under the indictment ( People v. Crafton, 159 A.D.2d 271, 272, lv denied 76 N.Y.2d 733). The record does not support defendant's claim that the court "threatened" to impose a greater sentence if defendant opted to go to trial, and the lengthy plea colloquy otherwise shows that the plea was voluntary and knowing.

Concur — Rosenberger, J.P., Wallach, Nardelli and Tom, JJ.

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PEOPLE v. TIEN
(Jun 13, 1996)