| People v Stoddard |
| 2009 NY Slip Op 07886 [67 AD3d 1055] |
| November 5, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v TerriStoddard, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady, for respondent.
Mercure, J. Appeal from a judgment of the Supreme Court (Drago, J.), rendered April 29,2008 in Schenectady County, convicting defendant upon her plea of guilty of the crime ofrobbery in the first degree.
In full satisfaction of a six-count indictment, defendant pleaded guilty to robbery in the firstdegree and waived her right to appeal in writing. She was subsequently sentenced to 8½years in prison, to be followed by five years of postrelease supervision. Defendant appeals, andwe now affirm.
Defendant contends that her plea was not voluntarily entered and that County Court erred infailing to hold a competency hearing pursuant to CPL 730.30 prior to accepting the plea. Herarguments implicate the voluntariness of the plea and, thus, are not precluded by her validwaiver of the right to appeal (see Peoplev Sorey, 55 AD3d 1063, 1064 [2008], lv denied 11 NY3d 930 [2009]; People v Harrison, 52 AD3d 969,970 [2008], lv denied 11 NY3d 737 [2008]). Nevertheless, her failure to move towithdraw her plea or to vacate her judgment of conviction has rendered her claim unpreservedfor appellate review (see People vBennett, 30 AD3d 631, 631 [2006], lv denied 7 NY3d 809 [2006]; People v Mears, 16 AD3d 917,917-918 [2005]). Moreover, the narrow exception to the preservation requirement is inapplicablehere inasmuch as defendant made no statements that were inconsistent with her guilt orotherwise [*2]called into question the voluntariness of her pleaduring the lengthy plea colloquy, which included an inquiry into the nature of defendant's mentalillness, the medications she was taking and her ability to comprehend the proceedings (see People v Buskey, 62 AD3d1164, 1164-1165 [2009]; People vDobrouch, 59 AD3d 781, 781 [2009], lv denied 12 NY3d 853 [2009]; seealso People v Sorey, 55 AD3d at 1064; People v Borom, 55 AD3d 1041, 1041-1042 [2008]).
Cardona, P.J., Spain, Kavanagh and Garry, JJ., concur. Ordered that the judgment isaffirmed.