PEOPLE v. MORILLO

Defendant's claim that his allocution was insufficient because the court failed to inquire about a possible justification defense is unpreserved for appellate review as a matter of law, defendant having neither moved to withdraw the plea before sentencing on that ground nor moved to vacate the judgment of conviction ( People v. Claudio, 64 N.Y.2d 858). Defendant also failed to preserve his claim that the court should have inquired about such a defense in deciding the motion to withdraw the plea (CPL 470.05). The narrow exception to the preservation rule described in People v Lopez ( 71 N.Y.2d 662, 666) does not apply, since in neither his allocution nor his motion to withdraw the plea did defendant indicate that he strangled the victim in self-defense or otherwise cast "`significant doubt'" on the validity of the plea ( People v Toxey, 86 N.Y.2d 725, 726).

Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.