Opinion
KA 04-00235.
February 3, 2006.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered May 27, 2003. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree and criminal possession of a weapon in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (VICTORIA M. WHITE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Hurlbutt, Martoche, Pine and Hayes, JJ.
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 robbery in the first degree (Penal Law § 160.15) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Defendant failed to move to withdraw the plea or to vacate the judgment of conviction and thus failed to preserve for our review his contention that the plea was not knowing, voluntary or intelligent ( see People v. Thomas [appeal No. 1], 23 AD3d 1156; People v. DeJesus, 248 AD2d 1023, lv denied 92 NY2d 878), nor does this case fall within the narrow exception to the preservation requirement ( see People v. Toxey, 86 NY2d 725, rearg denied 86 NY2d 839).