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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS P. DEXTER, Appellant.

Ordered that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution has not been preserved for appellate review since the defendant never moved to vacate the plea before the court of first instance (see, People v Pellegrino, 60 N.Y.2d 636).

In any event, the absence of a complete factual recitation of the underlying facts does not require reversal of the conviction where, as here, the record plainly establishes that the defendant knowingly and intelligently pleaded guilty, following discussions with counsel (see, People v Santiago, 100 A.D.2d 857). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

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PEOPLE v. DEXTER
(Dec 14, 1987)