PEOPLE v. JEANTY (2007)

 Defendant appeals from a judgment convicting him upon his plea of guilty of offering a false instrument for filing in the first degree (Penal Law § 175.35).   Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution inasmuch as he failed to move to withdraw the plea or to vacate the judgment of conviction (see People v. Lopez, 39 A.D.3d 1231, 834 N.Y.S.2d 759;  People v. Hakes, 38 A.D.3d 1273, 831 N.Y.S.2d 814), and this case does not fall within the narrow exception to the preservation requirement set forth in People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5.   In any event, defendant's challenge lacks merit.  “[W]e have never held that a plea is effective only if a defendant acknowledges committing every element of the pleaded-to offense” (People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797), and defendant made no statements at the time of the plea that cast any doubt on his guilt (see People v. Spikes, 28 A.D.3d 1101, 1102, 813 N.Y.S.2d 602, lv. denied 7 N.Y.3d 818, 822 N.Y.S.2d 493, 855 N.E.2d 809;  see also People v. Van Bramer, 26 A.D.3d 672, 673, 809 N.Y.S.2d 298, lv. denied 7 N.Y.3d 764, 819 N.Y.S.2d 889, 853 N.E.2d 260).

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

MEMORANDUM: