Opinion
No. KA 04-03031.
March 16, 2007.
Appeal from a judgment of the Onondaga County Court (Anthony F. AM, J.), rendered April 13, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (AUDRA ALBRIGHT OF COUNSEL), FOR RESPONDENT.
Present — Scudder, P.J., Hurlbutt, Centra, Fahey and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a forged instrument in the second degree (Penal Law §§ 170.25). Although the contention of defendant that his plea was not knowing, voluntary or intelligent survives his waiver of the right to appeal ( see People v Bland, 27 AD3d 1052, lv denied 6 NY3d 892), defendant failed to preserve that contention for our review by moving to withdraw the plea or to vacate the judgment of conviction ( see People v Aguayo, 37 AD3d 1081; People v Flowers, 31 AD3d 1212, lv denied 7 NY3d 848). This case does not fall within the rare exception to the preservation requirement set forth in People v Lopez ( 71 NY2d 662, 666).