Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Laurie YOUNG, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered September 14, 2009, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of her plea allocution is unpreserved for appellate review ( see CPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160). Moreover, the “rare case” exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on her guilt, negate an essential element of the crime, or call into question the voluntariness of her plea ( People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; see People v. Infante, 71 A.D.3d 1047, 1048, 896 N.Y.S.2d 878). In any event, the facts admitted by the defendant during her plea allocution were sufficient to support her plea of guilty ( see People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797).
SKELOS, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.