People v McNair
2008 NY Slip Op 07573 [55 AD3d 332]
October 7, 2008
Appellate Division, First Department
As corrected through Wednesday, December 10, 2008


The People of the State of New York,Respondent,
v
Rashad McNair, Appellant.

[*1]Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), forappellant.

Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), forrespondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 31, 2006,convicting defendant, upon his plea of guilty, of forgery in the second degree, and sentencing himto a term of 90 days, unanimously affirmed.

Since defendant did not move to withdraw his guilty plea, and since this case does not comewithin the narrow exception to the preservation requirement (see People v Lopez, 71NY2d 662 [1988]), his challenge to the validity of the plea is unpreserved and we decline toreview it in the interest of justice. Concur—Lippman, P.J., Gonzalez, Sweeny, Cattersonand DeGrasse, JJ.


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