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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH CHRISTMAS, Appellant.

Judgment affirmed.

Defendant failed to raise before Criminal Term the arguments made regarding the alleged inadequacy of the plea allocution and, therefore, they are not preserved for review as a matter of law ( People v. Pellegrino, 60 N.Y.2d 636). In any event, the record indicates that defendant's plea was entered knowingly and voluntarily ( People v. Harris, 61 N.Y.2d 9; People v. Serrano, 15 N.Y.2d 304). Defendant's arguments regarding the constitutionality of the second violent felony offender sentencing provisions are without merit (Penal Law § 70.06; People v. Velasquez, 107 A.D.2d 726). Finally, the sentence, which was imposed in accordance with a negotiated plea agreement, was not excessive ( People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Brown, Niehoff and Lawrence, JJ., concur.

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PEOPLE v. CHRISTMAS
(Apr 8, 1985)