| People v McKoy |
| 2008 NY Slip Op 02401 [49 AD3d 1301] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Joseph McKoy, Appellant. |
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R. Michael Tantillo, District Attorney, Canandaigua (Thomas D. Reh of counsel), for
respondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered August 16, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]), and this case does not fall within the rare exception to the preservation requirement (see id. at 666). Present—Martoche, J.P., Smith, Peradotto, Pine and Gorski, JJ.