| People v Ovalle |
| 2013 NY Slip Op 08666 [112 AD3d 971] |
| December 26, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Warren A. Ovalle, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Hudson, J.), rendered January 7, 2010, convicting him of assault in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d248, 256-257 [2006]). The defendant's valid waiver of his right to appeal precludesreview of his challenge to the factual sufficiency of the plea allocution (see People v Knapp, 108AD3d 641, 642 [2013]; People v Devodier, 102 AD3d 884 [2013]; People v Crews, 92 AD3d795 [2012]; People vHardee, 84 AD3d 835 [2011]).
The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently entered is unpreserved for appellate review, since he did not move towithdraw his plea on this ground prior to the imposition of sentence (see People vClarke, 93 NY2d 904, 906 [1999]; People v Devodier, 102 AD3d 884 [2013]; People v Andrea, 98 AD3d627 [2012]). Furthermore, the "rare case" exception to the preservation rule does notapply here, since the defendant's plea allocution did not cast significant doubt upon hisguilt, negate an essential element of the crime, or call into question the voluntariness ofthe plea (People v Lopez, 71 NY2d 662, 666 [1988]). Mastro, J.P., Rivera,Leventhal and Chambers, JJ., concur.