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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMMIE DOWNING, Appellant.

Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his 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 Sparrow, 222 A.D.2d 1114; People v Jordan, 215 A.D.2d 257), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). We also reject the contention of defendant that he was denied effective assistance of counsel ( see, People v Flores, 84 N.Y.2d 184; People v Baldi, 54 N.Y.2d 137, 147). Upon our review of the record, we conclude that the sentence imposed is neither unduly harsh nor severe. We have reviewed the remaining contention raised by defendant and conclude that it is without merit.

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PEOPLE v. DOWNING
(Mar 8, 1996)