PEOPLE v. NASH (2007)

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered August 15, 2005, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's waiver of his right to appeal was valid (see People v. Ciatto, 290 A.D.2d 560, 737 N.Y.S.2d 104), and precludes review of his challenge of the factual sufficiency of his plea allocution (see People v. Mydosh, 27 A.D.3d 580, 810 N.Y.S.2d 370;  People v. Curras, 1 A.D.3d 445, 446, 766 N.Y.S.2d 892;  People v. Green, 200 A.D.2d 687, 606 N.Y.S.2d 781).   In any event, the defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since the defendant failed to move prior to the imposition of sentence to withdraw his plea (see People v. Pellegrino, 60 N.Y.2d 636, 637, 467 N.Y.S.2d 355, 454 N.E.2d 938;  People v. Carden, 27 A.D.3d 573, 573, 810 N.Y.S.2d 365).   Moreover, the “rare case” exception to the preservation requirement as enunciated in People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5, does not apply because the defendant's allocution did not clearly cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (see People v. Rizzo, 38 A.D.3d 571, 832 N.Y.S.2d 586, 2007 WL 678098 [2d Dept., Mar. 6, 2007] ).

The defendant's remaining contentions are without merit.