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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GONZALEZ, Appellant.

Judgment affirmed.

By failing to move to withdraw the plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, defendant has not preserved for appellate review any alleged insufficiency in the plea allocution ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Lowry, 107 A.D.2d 716; People v. Mattocks, 100 A.D.2d 944). In any event, an examination of the record reveals that the plea was knowingly and voluntarily entered and properly received by the court ( see, People v. Harris, 61 N.Y.2d 9; see also, People v. Fooks, 21 N.Y.2d 338, 350, cert denied sub nom. Robinson v. New York, 393 U.S. 1067; People v. Perkins, 89 A.D.2d 956). Titone, J.P., Lazer, Thompson and O'Connor, JJ., concur.

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PEOPLE v. GONZALEZ
(Apr 29, 1985)