PETER B. SKELOS
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered June 5, 2012, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of the plea allocution is unpreserved for appellate review ( seeCPL 220.60[3]; 470.05 [2]; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Claudio, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 476 N.E.2d 644; People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938; People v. Barrett, 105 A.D.3d 862, 863, 962 N.Y.S.2d 673). Moreover, the “rare case” exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea (People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Stone, 91 A.D.3d 977, 977, 937 N.Y.S.2d 630 [internal quotation marks omitted] ). In any event, the facts admitted by the defendant during his plea allocution were sufficient to support his plea of guilty to criminal sale of a controlled substance in the third degree ( see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797).
Contrary to the defendant's contention, the imposition of a $50 DNA databank fee at the time of sentencing was not illegal. The defendant was convicted of criminal sale of a controlled substance in the third degree, a “[d]esignated offen[se]” as defined by Executive Law § 995(7), which triggered the imposition of a $50 DNA databank fee ( seePenal Law § 60.35 [1] [a][v]; People v. Cooper, 88 A.D.3d 1009, 1010, 931 N.Y.S.2d 346). Accordingly, the County Court properly imposed the $50 DNA databank fee at the time of sentencing.