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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS ALVAREZ, Appellant.

In satisfaction of a three-count indictment, defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the fifth degree. Pursuant to a negotiated plea agreement, defendant waived his right to appeal and was sentenced to two years in prison followed by one year of post-release supervision.

Defendant's challenge to the voluntariness of his plea, which survives his appeal waiver, is not preserved for our review absent a motion to withdraw the plea or vacate the judgment of conviction ( see People v Scitz, 67 AD3d 1251). Furthermore, inasmuch as a review of the plea colloquy does not "clearly cast[] significant doubt upon . . . defendant's guilt or otherwise call[] into question the voluntariness of the plea," we are unpersuaded by defendant's contention that the narrow exception to the preservation doctrine applies ( People v Lopez, 71 NY2d 662, 666; see People v Wilson, 16 AD3d 781, 781).

Ordered that the judgment is affirmed.

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PEOPLE v. ALVAREZ
(May 6, 2010)