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PEOPLE v. EATON

14 A.D.3d 577 (2005)

789 N.Y.S.2d 194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES R. EATON, Appellant.

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

January 18, 2005.

Ordered that the judgment is affirmed.

The defendant's contention that the court failed to conduct an adequate plea allocution is unpreserved for appellate review, since the defendant did not move either to withdraw the plea of guilty or to vacate the judgment of conviction, and the "rare case" exception to the preservation requirement does not apply (People v Lopez, 71 N.Y.2d 662, 666 [1988]; People v Claudio,

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