Opinion
2011-12-23
The PEOPLE of the State of New York, Respondent, v. Timothy M. NEUNER, Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered October 7, 2009. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.Law Office of Mark A. Young, Rochester (Bridget Field of Counsel), for defendant-appellant. Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of Counsel), for respondent.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered October 7, 2009. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a class E felony.Law Office of Mark A. Young, Rochester (Bridget Field of Counsel), for defendant-appellant. Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law § 1192[3]; § 1193[1][c] [former (i) ] ). Defendant failed to move to withdraw his plea or to vacate the judgment of conviction, and he therefore 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, 529 N.Y.S.2d 465, 525 N.E.2d 5). Contrary to defendant's contention, “[t]he plea allocution does not ‘clearly cast[ ] significant doubt upon the defendant's guilt or otherwise call[ ] into question the voluntariness of the plea,’ and thus defendant's contention does not fall within the rare case exception to the preservation doctrine” ( People v. Loper, 38 A.D.3d 1178, 1179, 831 N.Y.S.2d 612, quoting Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; see People v. Farnsworth, 32 A.D.3d 1176, 820 N.Y.S.2d 832, lv. denied 7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.