| People v Stone |
| 2012 NY Slip Op 00814 [91 AD3d 977] |
| Jnury 31, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Torrell Stone, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Selha R.Abed on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered April 9, 2008, convicting him of criminal possession of a controlled substance in thesecond degree, 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 (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 his guilt, negate an essentialelement of the crime, or call into question the voluntariness of his plea (People v Lopez,71 NY2d 662, 666 [1988]; see People vYoung, 88 AD3d 918 [2011]). In any event, the facts admitted by the defendant duringhis plea allocution were sufficient to support his plea of guilty (see People v Goldstein, 12 NY3d295, 301 [2009]; People vSeeber, 4 NY3d 780, 781 [2005]; People v Fooks, 21 NY2d 338, 350 [1967],cert denied sub nom. Robinson v New York, 393 US 1067 [1969]). Angiolillo, J.P.,Florio, Leventhal and Lott, JJ., concur.