Opinion
(1078) KA 99-05270.
September 28, 2001.
(Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.)
PRESENT: GREEN, J.P., SCUDDER, KEHOE, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that reversal is required because County Court failed to ensure that his guilty plea was not coerced by an agreement to return forfeited bail money to his mother. Defendant told the court under oath that he had not been threatened or pressured, and the record of the plea proceeding does not otherwise indicate that the plea was coerced. Defendant waived his right to appeal as part of his guilty plea and thereafter was sentenced without moving to withdraw his plea or vacate the judgment of conviction. Thus, although defendant's contention survives the waiver of the right to appeal, it is not preserved for our review ( see, People v. Richardson, 275 A.D.2d 864, 865, lv denied 95 N.Y.2d 937; People v. Williams, 272 A.D.2d 986; People v. Vallejo, 261 A.D.2d 962, lv denied 93 N.Y.2d 1029), and the "plea allocution does not qualify for the narrow, `rare case' exception to the preservation doctrine" ( People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839, quoting People v. Lopez, 71 N.Y.2d 662, 666).