PEOPLE v. FRANCIS (2008)

 Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the third degree (Penal Law § 140.20).   Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Jeanty, 41 A.D.3d 1223, 838 N.Y.S.2d 293, lv. denied 9 N.Y.3d 923, 844 N.Y.S.2d 178, 875 N.E.2d 897;  People v. Moore, 39 A.D.3d 1199, 834 N.Y.S.2d 606, lv. denied 9 N.Y.3d 867, 840 N.Y.S.2d 897, 872 N.E.2d 1203).   Even assuming, arguendo, that this is one of those rare cases in which “defendant's recitation of the facts underlying the crime pleaded to clearly casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea” (Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5), we conclude on the record before us that County Court met its “duty to inquire further to ensure that defendant's guilty plea [was] knowing and voluntary” (id.;   see People v. Brow, 255 A.D.2d 904, 682 N.Y.S.2d 320).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: