Opinion
2019–01654 Ind. No. 2406/18
03-03-2021
The PEOPLE, etc., respondent, v. Andre ARRINGTON, appellant.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Denise Pavlides, and Cindy Horowitz of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Denise Pavlides, and Cindy Horowitz of counsel), for respondent.
REINALDO E. RIVERA, J.P., ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered December 20, 2018, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant asserts that his plea was not knowing, voluntary, and intelligent. However, the defendant failed to preserve this contention for appellate review (see People v. Davis, 24 N.Y.3d 1012, 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ; People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). To the extent that the defendant's statements during his sentencing hearing could be construed as a motion to withdraw his plea, the defendant's current arguments are nevertheless unpreserved, as the substance of these statements do not form the basis for the arguments he now raises on appeal (see People v. Johnson, 170 A.D.3d 1195, 1196, 94 N.Y.S.3d 876 ; People v. Telfair, 144 A.D.3d 712, 712, 39 N.Y.S.3d 831 ). Moreover, contrary to the defendant's contention, the exception to the preservation requirement does not apply here because the defendant's allocution did not "cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea" ( People v. Ramos, 164 A.D.3d 922, 922–923, 82 N.Y.S.3d 103 ; see People v. Davis, 24 N.Y.3d at 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ). In any event, the record establishes that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v. Fiumefreddo, 82 N.Y.2d 536, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Ringler, 178 A.D.3d 959, 960, 112 N.Y.S.3d 526 ).
RIVERA, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.