Opinion
KA 01-01700
February 7, 2003.
Appeal from a judgment of Monroe County Court (Maloy, J.), entered July 26, 2000, convicting defendant upon his plea of guilty of assault in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ELIZABETH CLARKE OF COUNSEL), For Defendant-appellant.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), For Plaintiff-respondent.
PRESENT: WISNER, J.P., SCUDDER, BURNS, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant contends that County Court erred in failing to inquire after he entered his guilty plea into his statement that he is innocent. In response to that statement, the court adjourned the matter for one day to discuss it further with defendant's attorney. Defendant thereafter was sentenced without objection. He neither moved to withdraw his plea nor moved thereafter to vacate the judgment of conviction, and thus he failed to preserve his contention for our review (see CPL 470.05; People v. Nieves [appeal No. 1], 299 A.D.2d 888 [Nov. 15, 2002]; People v. Jackson, 273 A.D.2d 937, lv denied 95 N.Y.2d 906). The "narrow exception to the preservation rule described in People v. Lopez [ 71 N.Y.2d 662] does not apply since there is nothing in defendant's allocution which would cast significant doubt on his guilt, or otherwise call into question the voluntariness of his plea" (People v. Harrell, 288 A.D.2d 489, 489, lv denied 98 N.Y.2d 651).