| People v Brown |
| 2010 NY Slip Op 07952 [78 AD3d 723] |
| November 3, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BobbyBrown, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.),rendered February 7, 2008, convicting him of criminal possession of a controlled substance in the thirddegree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his challenge to the factualsufficiency of his plea allocution with respect to the count of the indictment charging him with criminalpossession of a weapon in the third degree (see People v Johnson, 73 AD3d 951 [2010]; People v Chavez, 71 AD3d 781[2010]; People v Rufa, 57 AD3d697 [2008]).
To the extent that the defendant contends that his plea was not knowing or voluntary, his claim isunpreserved for appellate review since he failed to move to withdraw his plea (see CPL470.05 [2]; People v Toxey, 86 NY2d 725 [1995]; People v Johnson, 73 AD3d 951 [2010]; People v Broadwater, 69 AD3d 643[2010]; People v Elcine, 43 AD3d1176 [2007]). The narrow exception to the preservation rule is inapplicable in this case, since thedefendant's plea recitation of the facts underlying the crime of criminal possession of a weapon in thethird degree did not cast significant doubt on his guilt or otherwise call into question the voluntariness ofthe plea (see People v Lopez, 71 NY2d 662, 666 [1988]). Skelos, J.P., Santucci, Angiolillo,Hall and Roman, JJ., concur.