PEOPLE v. RICHARDS (2008)

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered October 18, 2006, convicting defendant, upon his plea of guilty, of identity theft in the second degree and forgery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

 Defendant did not move to withdraw his plea, and since this case does not come within the narrow exception to the preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ), his challenge to the plea is unpreserved and we decline to review it in the interest of justice.   As an alternative holding, we also reject it on the merits.   The plea was knowing, intelligent and voluntary, and there was nothing in the allocution that negated any element of the crimes or cast significant doubt on defendant's guilt (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797 [2005];  People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995];  see also People v. McGowen, 42 N.Y.2d 905, 397 N.Y.S.2d 993, 366 N.E.2d 1347 [1977] ).

 The court properly denied defendant's suppression motion, without granting a hearing, since he failed to establish standing to challenge the seizure of the property.   Although defendant was entitled to rely on the prosecution's version of the incident to establish standing (see People v. Burton, 6 N.Y.3d 584, 815 N.Y.S.2d 7, 848 N.E.2d 454 [2006] ), that version failed to support such a claim (see People v. Ramirez-Portoreal, 88 N.Y.2d 99, 110, 643 N.Y.S.2d 502, 666 N.E.2d 207 [1996] ).