Opinion
December 31, 1998
Appeal from Judgment of Ontario County Court, Harvey, J. — Grand Larceny, 4th Degree.
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 (People v. Lopez, supra, at 666; see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839).
We conclude that defendant's sentence is neither unduly harsh nor severe.
Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.