| People v Colston |
| 2009 NY Slip Op 09672 [68 AD3d 1130] |
| December 22, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles J. Colston, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons of counsel; JessicaN. Reich on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.),rendered June 12, 2007, convicting him of criminal possession of a weapon in the second degree,criminal use of a firearm in the first degree, robbery in the first degree, and burglary in the firstdegree (two counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved forappellate review since the defendant failed to move to withdraw his plea or to vacate thejudgment of conviction (see CPL 220.60 [3]; 440.10; People v Lopez, 71 NY2d662, 665 [1988]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Fiori,24 AD3d 687 [2005]). Moreover, the "rare case" exception to the preservation requirement, asenunciated in People v Lopez (71 NY2d at 666), does not apply here because thedefendant's allocution did not clearly cast significant doubt on his guilt, negate an essentialelement of the crime, or call into question the voluntariness of the plea (see People vNash, 38 AD3d 684 [2007]; People v Rizzo, 38 AD3d 571 [2007]). In any event, thefacts admitted in the allocution were sufficient to support the defendant's plea of guilty (seePeople v Seeber, 4 NY3d 780, 781 [2005]; People v Sanabria, 52 AD3d 743, 744[2008]). Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.