| People v Lacey |
| 2008 NY Slip Op 02343 [49 AD3d 1259] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Sean Lacey,Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons (David V. Shaw of counsel), forrespondent.
Appeal from a judgment of the Wayne County Court (Stephen R. Sirkin, J.), renderedNovember 22, 2006. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failedto preserve for our review his challenge to the factual sufficiency of the plea allocution (seePeople v Toxey, 86 NY2d 725, 726 [1995], rearg denied 86 NY2d 839 [1995];People v Lopez, 71 NY2d 662, 665 [1988]; People v Townley, 286 AD2d 885[2001]). This case does not fall within the narrow exception to the preservation doctrine becausenothing in the plea allocution cast significant doubt on defendant's guilt or otherwise called intoquestion the voluntariness of the plea (see Lopez, 71 NY2d at 666; People vWelsher, 270 AD2d 839 [2000], lv denied 95 NY2d 806 [2000]). Finally, thebargained-for sentence is not unduly harsh or severe. Present—Martoche, J.P., Lunn,Fahey, Peradotto and Pine, JJ.