Opinion
No. 101891.
May 6, 2010.
Cardona, P.J. Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered March 10, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.
Michael P. FiggsGanter, Albany, for appellant.
P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Before: Mercure, Spain, Kavanagh and Garry, JJ.
In satisfaction of a three-count indictment, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fifth degree. Pursuant to a negotiated plea agreement, defendant waived his right to appeal and was sentenced to two years in prison followed by one year of post-release supervision.
Defendant's challenge to the voluntariness of his plea, which survives his appeal waiver, is not preserved for our review absent a motion to withdraw the plea or vacate the judgment of conviction ( see People v Scitz, 67 AD3d 1251). Furthermore, inasmuch as a review of the plea colloquy does not "clearly cast[] significant doubt upon . . . defendant's guilt or otherwise call[] into question the voluntariness of the plea," we are unpersuaded by defendant's contention that the narrow exception to the preservation doctrine applies ( People v Lopez, 71 NY2d 662, 666; see People v Wilson, 16 AD3d 781, 781).
Ordered that the judgment is affirmed.