People v. Martinez

The defendant failed to preserve for appellate review his contention that his plea allocution to the crime of resisting arrest was factually insufficient (see CPL 220.60 [3]; 470.05 [2]; People v Toxey, 86 NY2d 725, 726 [1995]; People v Lopez, 71 NY2d 662, 665 [1988]). Furthermore, the “rare case” exception to the preservation requirement does not apply here because the defendant’s allocution did not cast significant doubt on his guilt, negate an essential element of the crime of resisting arrest, or call into question the voluntariness of his plea (People v McNair, 13 NY3d 821, 822 [2009]…