People v. Lacey

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Toxey, 86 NY2d 725, 726 [1995], rearg denied 86 NY2d 839 *1260[1995]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Townley, 286 AD2d 885 [2001]). This case does not fall within the narrow exception to the…