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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID A. MABEUS, Appellant.

Having failed to move to withdraw his plea or vacate his judgment of conviction, we conclude that defendant has not preserved for appeal his challenge to the sufficiency of the plea allocution. In any event, our examination of the record reveals that defendant's plea of guilty was knowingly, voluntarily and intelligently made. Moreover, we reject defendant's assertion that his sentence of 3 to 6 years in prison was harsh and excessive. The sentence was within the statutory guidelines and we find no reason to disturb the sentence imposed by County Court.

Cardona, P.J., Mikoll, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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PEOPLE v. MABEUS
(Mar 30, 1995)