Opinion
June 18, 1999
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Criminal Possession Controlled Substance, 2nd Degree.
PRESENT: GREEN, J. P., HAYES, PIGOTT, JR., SCUDDER AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution was deficient (see, People v. Lopez, 71 N.Y.2d 662, 665), 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, supra, at 666). Defendant also failed to preserve for our review his contention that he was improperly sentenced as a second felony offender (see, People v. Pellegrino, 60 N.Y.2d 636, 637; People v. Harris, 246 A.D.2d 401, lv denied 91 N.Y.2d 925; People v. Perez, 245 A.D.2d 143, lv denied 91 N.Y.2d 944). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).