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PEOPLE v. FILIEY

256 A.D.2d 1208 (1998)

682 N.Y.S.2d 365

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER A. FILIEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 31, 1998.

Judgment unanimously affirmed.

Memorandum:

Because defendant did not move to withdraw his plea under CPL 220.60 (3) or to vacate the judgment of conviction under CPL 440.10, his contention that the plea allocution was insufficient has not been preserved for our review (see, People v Lopez, 71 N.Y.2d 662, 665). Nor does defendant's plea allocution qualify for the "rare case" exception to the preservation doctrine ...

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