Judgment unanimously affirmed. Memorandum: Defendant was convicted upon his plea of guilty of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) and one count of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [1] [a]). Defendant’s contention that the predicate convictions of driving while intoxicated were not properly established is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Defendant’s further contention that the plea colloquy was factually insufficient also is not preserved for our review (see, People v Lopez, 71 NY2d 662, 665), and this case does not fall within the narrow exception to the preservation doctrine (see, People v Toxey, 86 NY2d 725, rearg denied 86 NY2d 839). (Appeal from Judgment of Ontario County Court, Harvey, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Kehoe, Burns, Gorski and Lawton, JJ.
The People of the State of New York, Respondent, v. Vivan Van Leuven, Appellant
289 A.D.2d 1050735 N.Y.S.2d 845
Authorities cited
No cited authorities resolved to law.co cases yet.