Majority
p. 1073The People of the State of New York, Respondent, v Rafael DeLeon, Also Known as Felo, Appellant. [751 NYS2d 910]
—Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 6, 2001, convicting defendant upon his plea of guilty of criminal possession of a controlled substance in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal as part of the plea agreement. Although “[t]he contention that defendant did not voluntarily, knowingly and intelligently enter his plea survives his waiver of the right to appeal, * * * defendant failed to preserve that contention for our review by moving to withdraw his plea or vacate the judgment of convic
p. 1074
tion” (People v DeJesus, 248 AD2d 1023 , 1023, lv denied 92 NY2d 878 ; see People v Vallejo, 261 AD2d 962 , lv denied 93 NY2d 1029 ), and the “plea allocution does not qualify for the narrow, ‘rare case’ exception to the preservation doctrine” (People v Toxey, 86 NY2d 725 , 726, rearg denied 86 NY2d 839 , quoting People v Lopez, 71 NY2d 662 , 666). Present — Pine, J.P., Wisner, Scudder, Kehoe and Burns, JJ.
Cases cited
- People v. Toxey 86 NY2d 725 at 726 p. 1074
- People v. Lopez 71 NY2d 662 at 666 p. 1074