| People v Zakrzewski |
| 2010 NY Slip Op 00311 [69 AD3d 1055] |
| January 14, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Nelson S.Zakrzewski, Appellant. |
—[*1] P. David Soares, District Attorney, Albany, for respondent.
Malone Jr., J. Appeal from a judgment of the County Court of Albany County (Breslin, J.),rendered June 26, 2007, convicting defendant upon his plea of guilty of the crimes of grandlarceny in the third degree and identity theft in the first degree.
In satisfaction of an eight-count indictment, defendant pleaded guilty to grand larceny in thethird degree and identity theft in the first degree and, in accordance with the plea agreement, wassentenced as a second felony offender to concurrent prison terms of 3½ to 7 years.Defendant appeals.
Defendant's challenge to the voluntariness of his plea and the factual sufficiency of theallocution is not preserved for review inasmuch as he failed to move either to withdraw the pleaor vacate the judgment of conviction (see People v Scitz, 67 AD3d 1251, 1251 [2009]; People v Davis-Ivery, 59 AD3d853, 854 [2009]). The narrow exception to the preservation requirement is not applicablehere because defendant did not make any statement during the allocution that tended to negate anessential element of the crimes or otherwise cast doubt on his guilt (see People v Scitz,67 AD3d at 1251; People vBrennan, 62 AD3d 1167, 1168 [2009], lv denied 13 NY3d 794 [2009]). In anyevent, a review of the transcript reveals that defendant intelligently, knowingly and voluntarilyentered a guilty plea. Furthermore, the entry [*2]of such a guiltyplea forfeited any claim that defendant was denied the statutory right to a speedy trial under CPL30.30 (see People v O'Brien, 56 NY2d 1009, 1010 [1982]).
Spain, J.P., Rose, Kavanagh and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.