It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Onondaga County Court for resentencing.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Contrary to the contention of defendant, his waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). Defendant further contends that his guilty plea was not voluntarily, knowingly, and intelligently entered because he did not recite the underlying facts of the crime during the plea colloquy. Defendant’s contention is actually a challenge to the factual sufficiency of the plea allocution (see People v White, 24 AD3d 1220 [2005], lv denied 6 NY3d 820 [2006]) that is encompassed by the waiver of the right to appeal (see People v Spikes, 28 AD3d 1101, 1102 [2006], lv denied 7 NY3d 818 [2006]; People v Bland, 27 AD3d 1052 [2006], lv denied 6 NY3d 892 [2006]; White, 24 AD3d at 1220). In addition, that contention has not been preserved for our review because defendant failed to move to withdraw the plea or to vacate the judgment of conviction (see People v Farnsworth, 32 AD3d 1176 [2006], lv denied 7 NY3d 867 [2006]; White, 24 AD3d at 1220; People v Oltz, 1 AD3d 934, 935 [2003], lv denied 1 NY3d 632 [2004]). The plea allocution does not clearly cast significant doubt upon defendant’s guilt or otherwise call into question the voluntariness of the plea, and thus the plea allocution does not qualify for the narrow, rare case exception to the preservation doctrine (see Farnsworth, 32 AD3d at 1177; Oltz, 1 AD3d at 935). In any event, defendant’s contention is without merit. “There is no requirement that defendant personally recite the facts underlying the crime, and his responses to the questions of [County C]ourt during the plea colloquy did not negate any element of the offense or otherwise cast any doubt on defendant’s guilt” (Spikes, 28 AD3d at 1102; see People v Seeber, 4 NY3d 780, 781 [2005]; People v Brown, 305 AD2d 1068, 1069 [2003], lv denied 100 NY2d 579 [2003]).
