Opinion
(1716) KA 01-00580
December 21, 2001.
Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.)
PRESENT: GREEN, J.P., KEHOE, BURNS, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant was convicted upon his plea of guilty of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192, [3]; § 1193 [1] [c]) and one count of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [a]). Defendant's contention that the predicate convictions of driving while intoxicated were not properly established is not preserved for our review ( see, CPL 470.05), and 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]). Defendant's further contention that the plea colloquy was factually insufficient also is not preserved for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665), and this case does not fall within the narrow exception to the preservation doctrine ( see, People v. Toxey, 86 N.Y.2d 725, rearg denied 86 N.Y.2d 839).