| People v Wilson |
| 2009 NY Slip Op 00807 [59 AD3d 975] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kim M.Wilson, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.),rendered November 1, 2005. The judgment convicted defendant, upon his plea of guilty, ofmurder in the second 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 ofmurder in the second degree (Penal Law § 125.25 [1]). "By failing to move to withdrawthe plea or to vacate the judgment of conviction, defendant failed to preserve for our review hiscontention that he raised [a] possible . . . intoxication defense[ ] during his pleacolloquy and thus that [Supreme] Court erred in failing to conduct a sufficient inquiry to ensurethat the plea was knowingly, voluntarily and intelligently entered" (People v Davis, 37 AD3d 1179,1179 [2007], lv denied 8 NY3d 983 [2007]; see People v Lopez, 71 NY2d 662,665 [1988]). This is not one of those rare cases "where the defendant's recitation of the factsunderlying the crime pleaded to clearly cast significant doubt upon the defendant's guilt orotherwise calls into question the voluntariness of the plea" such that preservation is not required(Lopez, 71 NY2d at 666; seePeople v Wimes, 49 AD3d 1286, 1287 [2008], lv denied 11 NY3d 743 [2008]).The sentence is not unduly harsh or severe. Present—Smith, J.P., Centra, Fahey, Peradottoand Pine, JJ.