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THE PEOPLE, ETC., RESPONDENT, v. JOHN CORONA, APPELLANT. (IND. NO. 3820/97).

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that his plea allocution was inadequate is unpreserved for appellate review, as he did not move to withdraw his plea or vacate the judgment on this ground (see, People v. Lopez, 71 N.Y.2d 662; People v. Claudio, 64 N.Y.2d 858; People v. Sierra, 256 A.D.2d 598). The "rare case" exception to the preservation doctrine does not apply here, as the defendant's recitation of the facts underlying the crimes to which he pleaded guilty neither cast significant doubt upon his guilt nor called into question the voluntariness of the plea (People v. Lopez, supra).

The defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of his claim that his sentence is excessive (see, People v. Hidalgo, 91 N.Y.2d 733, 735).

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PEOPLE v. CORONA
(Oct 16, 2000)