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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT GUERRA, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered February 23, 1981, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. In our view, the factual allocution was sufficient ( People v Nixon, 21 N.Y.2d 338, cert den 393 U.S. 1067). In any event, not having raised the argument that he should be relieved of his guilty plea before Criminal Term, the issue is not preserved for review ( People v Pellegrino, 60 N.Y.2d 636). Titone, J.P., Mangano, Gibbons and Brown, JJ., concur.

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PEOPLE v. GUERRA
(Feb 14, 1984)