PEOPLE v. WILSON (2007)

 Defendant appeals from a judgment convicting him, upon his plea of guilty, of sexual abuse in the second degree (Penal Law § 130.60 [1] ).   Contrary to the contention of defendant, his waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see People v. DeJesus, 248 A.D.2d 1023, 670 N.Y.S.2d 140, lv. denied 92 N.Y.2d 878, 678 N.Y.S.2d 26, 700 N.E.2d 564), despite the fact that defendant gave some “monosyllabic” responses to County Court's inquiries with respect to the waiver.   The further contention of defendant that his plea was not voluntarily, knowingly, and intelligently entered is actually a challenge to the factual sufficiency of the plea allocution (see People v. White, 24 A.D.3d 1220, 805 N.Y.S.2d 917, lv. denied 6 N.Y.3d 820, 812 N.Y.S.2d 459, 845 N.E.2d 1290), and that challenge is encompassed by the valid waiver of the right to appeal (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;  People v. Bland, 27 A.D.3d 1052, 810 N.Y.S.2d 718, lv. denied 6 N.Y.3d 892, 817 N.Y.S.2d 627, 850 N.E.2d 674).   Defendant also failed to preserve that challenge for our review (see People v. Lopez, 71 N.Y.2d 662, 665-666, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Farnsworth, 32 A.D.3d 1176, 820 N.Y.S.2d 832, lv. denied 7 N.Y.3d 867, 824 N.Y.S.2d 612, 857 N.E.2d 1143;  People v. Abdallah, 23 A.D.3d 1116, 803 N.Y.S.2d 484, lv. denied 6 N.Y.3d 845, 816 N.Y.S.2d 751, 849 N.E.2d 974), and this case does not come within the narrow exception to the preservation requirement (see Farnsworth, 32 A.D.3d at 1177, 820 N.Y.S.2d 832;  see generally Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).   In any event, we conclude that defendant's challenge lacks merit, based on defendant's responses to the court's questioning during the plea colloquy (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797;  Spikes, 28 A.D.3d at 1102, 813 N.Y.S.2d 602;  see generally People v. Moissett, 76 N.Y.2d 909, 911, 563 N.Y.S.2d 43, 564 N.E.2d 653).

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

MEMORANDUM: