People v. Deyes

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McKay, J.), rendered July 3, 2001, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Generally, in order to preserve a challenge to the factual sufficiency of a plea allocution, there must be a motion to withdraw the plea or a motion to vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]). Where, however, the defendant’s factual recitation negates an essential element of *576the crime pleaded to, the court may…