People v Stone

People v Stone 2012 NY Slip Op 00814 Decided on January 31, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 31, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
2009-02323
(Ind. No. 07-00381)

[*1]The People of the State of New York, respondent,

v

Torrell Stone, appellant.




Diane E. Selker, Peekskill, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J.
Yeger of counsel; Selha R. Abed on
the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 9, 2008, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review (see CPL 470.05[2]; People v Toxey, 86 NY2d 725, 726). Moreover, the "rare case" exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea (People v Lopez, 71 NY2d 662, 666; see People v Young, 88 AD3d 918). In any event, the facts admitted by the defendant during his plea allocution were sufficient to support his plea of guilty (see People v Goldstein, 12 NY3d 295, 301; People v Seeber, 4 NY3d 780, 781; People v Fooks, 21 NY2d 338, 350, cert denied sub nom. Robinson v New York, 393 US 1067).
ANGIOLILLO, J.P., FLORIO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court