Opinion
April 9, 1998
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
Defendant failed to preserve his current challenge to the factual portion of his plea allocution since he did not raise this issue in his motion to withdraw the plea ( People v. Patterson, 229 A.D.2d 551, lv denied 88 N.Y.2d 1023). The case does not fit within the narrow exception to the preservation doctrine set forth in People v. Lopez ( 71 N.Y.2d 662, 666), since defendant's allocution did not cast significant doubt on the voluntariness of his plea ( People v. Toxey, 86 N.Y.2d 725; see also, People v. Guerriero, 221 A.D.2d 560, lv denied 87 N.Y.2d 902).
Defendant's request for discretionary review of his sentence is meritless because he has already received the minimum sentence authorized by the law in effect at the time of the crime (Penal Law § 70.08 [b]; CPL 470.20).
Concur — Rosenberger, J.P., Nardelli, Wallach, Rubin and Mazzarelli, JJ.