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PEOPLE v. MEDINA

262 A.D.2d 1045 (1999)

691 N.Y.S.2d 810

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUILLERMO MEDINA, Appellant.

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

Decided June 18, 1999.

Judgment unanimously affirmed.

Memorandum:

By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution was deficient (see, People v Lopez, 71 N.Y.2d 662, 665), and the "plea allocution does not qualify for the narrow, `rare case' exception to the preservation doctrine" (People v Toxey,

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