| People v Alvarez |
| 2010 NY Slip Op 03807 [73 AD3d 1229] |
| May 6, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Luis Alvarez,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), forrespondent.
Cardona, P.J. Appeal from a judgment of the County Court of Albany County (Herrick, J.),rendered March 10, 2008, convicting defendant upon his plea of guilty of the crime of criminalpossession of a controlled substance in the fifth degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to a reduced charge ofcriminal possession of a controlled substance in the fifth degree. Pursuant to a negotiated pleaagreement, defendant waived his right to appeal and was sentenced to two years in prisonfollowed by one year of postrelease supervision.
Defendant's challenge to the voluntariness of his plea, which survives his appeal waiver, isnot preserved for our review absent a motion to withdraw the plea or vacate the judgment ofconviction (see People v Scitz, 67AD3d 1251 [2009]). Furthermore, inasmuch as a review of the plea colloquy does not"clearly cast[ ] significant doubt upon . . . defendant's guilt or otherwise call[ ] intoquestion the voluntariness of the plea," we are unpersuaded by defendant's contention that thenarrow exception to the preservation doctrine applies (People v Lopez, 71 NY2d 662,666 [1988]; see People v Wilson,16 AD3d 781, 781 [2005]).
Mercure, Spain, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed.