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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY LOONEY, Appellant.

Amended judgment and judgment affirmed.

Neither the record nor the cases cited by defendant provides any support for defendant's contentions that the proof adduced at his probation violation hearing was insufficient to sustain the finding that he violated the conditions of his probation.

Defendant's argument that his guilty plea to manslaughter in the first degree was not knowingly and voluntarily made was not preserved for appellate review since he did not move to withdraw his plea or vacate the judgment in the court of first instance ( People v. Pascale, 48 N.Y.2d 997; People v. Perkins, 89 A.D.2d 956).

Defendant also argues that the sentences imposed on him were harsh and excessive. He offers no valid reason why the sentences imposed upon him, which were within the statutory maximum, should be disturbed ( see, People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Rubin and Kunzeman, JJ., concur.

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PEOPLE v. LOONEY
(Jun 24, 1985)