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PEOPLE v. MYERS

278 A.D.2d 435 (2000)

718 N.Y.S.2d 628

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM C. MYERS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2000.

Ordered that the judgment is affirmed.

Since the defendant failed to move to withdraw his plea, his contention that his factual allocution was inadequate is unpreserved for appellate review (see, People v Lopez, 71 N.Y.2d 662). The "rare case" exception to the preservation requirement (People v Lopez, supra, at 666) does not apply here since the defendant's recitation of the facts underlying the crime did not cast...

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