People v Young

People v Young 2011 NY Slip Op 07468 Decided on October 18, 2011 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 October 18, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
2009-11603
(Ind. No. 3087/08)

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

v

Laurie Young, appellant.




Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel),
for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia
DiVincenzo of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered September 14, 2009, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the factual sufficiency of her 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 her guilt, negate an essential element of the crime, or call into question the voluntariness of her plea (People v Lopez, 71 NY2d 662, 666; see People v Infante, 71 AD3d 1047, 1048). In any event, the facts admitted by the defendant during her plea allocution were sufficient to support her plea of guilty (see People v Seeber, 4 NY3d 780, 781).
SKELOS, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court