THE PEOPLE OF THE STATE OFNEW YORK,Respondent,vMEMORANDUM AND ORDERMATTHIEU A. BURKS,Appellant.________________________________Calendar Date: May 30, 2018Before: Egan Jr., J.P., Lynch, Mulvey, Aarons and Pritzker, JJ.__________Brian M. Quinn, Albany, for appellant.Karen A. Heggen, District Attorney, Ballston Spa (GordonEddy of counsel), for respondent.__________Mulvey, J.Appeal from a judgment of the County Court of SaratogaCounty (Scarano, J.), rendered December 9, 2014, convictingdefendant upon his plea of guilty of the crime of attemptedcriminal sale of a controlled substance in the third degree.Defendant waived indictment and agreed to be prosecuted bya superior court information charging him with attempted criminalsale of a controlled substance in the third degree. He pleadedguilty to this crime and waived his right to appeal. Inaccordance with the terms of the plea agreement, he was sentencedas a second felony offender to 3½ years in prison to be followedby 1½ years of postrelease supervision. Defendant now appeals.Initially, defendant’s challenges to the voluntariness andfactual sufficiency of his guilty plea have not been preservedfor our review, as the record does not disclose that he made anappropriate postallocution motion (see People v Muller, 159 AD3d1232, 1233 [2018]; People v Bailey, 158 AD3d 948, 948 [2018]).For the same reason, his claim of ineffective assistance ofcounsel — to the extent that it impacts the voluntariness of hisplea — is also unpreserved (see People v Gause, 159 AD3d 1277,1277 [2018]; People v Muller, 159 AD3d at 1233).1With regard to these contentions, we find that the narrow exception to thepreservation rule is inapplicable, as defendant did not make anystatements during the plea colloquy that cast doubt upon hisguilt or called into question the voluntariness of his guiltyplea (see People v Lopez, 71 NY2d 662, 666 [1988]; People vMuller, 159 AD3d at 1233). Defendant’s further assertion that hewas improperly arraigned without counsel present, in violation ofCPL 180.10 (3), is also unpreserved given his failure to raise itbefore County Court (see CPL 470.05 [2]; People v Green, 48 AD3d1056, 1057 [2008], lv denied 10 NY3d 934 [2008]; see also Peoplev Luckerson, 135 AD3d 1186, 1187 [2016]).Egan Jr., J.P., Lynch, Aarons and Pritzker, JJ., concur.ORDERED that the judgment is affirmed
