People v Young
2011 NY Slip Op 07468 [88 AD3d 918]
October 18, 2011
Appellate Division, Second Department
As corrected through Wednesday, December 7, 2011


The People of the State of New York,Respondent,
v
Laurie Young, Appellant.

[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.),rendered September 14, 2009, convicting her of manslaughter in the first degree, upon her plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of her plea allocution is unpreserved forappellate review (see CPL 470.05 [2]; People v Toxey, 86 NY2d 725, 726[1995]). Moreover, the "rare case" exception to the preservation requirement does not apply herebecause the defendant's allocution did not cast significant doubt on her guilt, negate an essentialelement of the crime, or call into question the voluntariness of her plea (People v Lopez,71 NY2d 662, 666 [1988]; see People vInfante, 71 AD3d 1047, 1048 [2010]). In any event, the facts admitted by the defendantduring her plea allocution were sufficient to support her plea of guilty (see People v Seeber, 4 NY3d 780,781 [2005]). Skelos, J.P., Angiolillo, Lott and Roman, JJ., concur.


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