Opinion
KA 01-01768
June 14, 2002.
Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered June 1, 2001, convicting defendant upon his plea of guilty of attempted promoting prison contraband in the first degree.
D.J. J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (PATRICIA L. DZIUBA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HAYES, KEHOE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted promoting prison contraband in the first degree (Penal Law § 110.00, 205.25). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see People v. Lopez, 71 N.Y.2d 662, 665), nor does this case fall within the narrow exception to the preservation doctrine ( see People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839).