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People v. Alves

282 A.D.2d 613 Court N.Y. App. Div. Decision date 2001-04-16 English

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p. 613
The People of the State of New York, Respondent, v Domingo Alves, Appellant.
[722 NYS2d 912]

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 4, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his present argument challenging a prior conviction in the State of Connecticut as not being the equivalent of a New York felony is an issue that must be raised and explored at the trial level, where a record can be developed for appellate review (see, People v Samms, 95 NY2d 52 , 57). The failure to do so renders the defendant’s present claim unpreserved for appellate review (see, People v Smith, 73 NY2d 961 ; People v Rodriguez, 276 AD2d 379 ; People v Johnson, 266 AD2d 728 ; People v Johnson, 242 AD2d 896 ; People v Salim, 222 AD2d 621 ), and we decline to review it in the exercise of our interest of justice jurisdiction (see, People v Cortese, 222 AD2d 448 ; People v DeGroat, 203 AD2d 378 ; People v Perez, 202 AD2d 695 ). Ritter, J. P., Krausman, S. Miller and Feuerstein, JJ., concur.

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