Opinion
05-11-2016
The PEOPLE, etc., respondent, v. Dennis GOBER, appellant.
Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel; Walker Oliver on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Jacob Wells on the brief), for respondent.
Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel; Walker Oliver on the brief), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Jacob Wells on the brief), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gerald, J., at plea; Chin–Brandt, J., at sentence), rendered June 3, 2013, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) and, thus, does not preclude review of his claims.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved 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, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here, because the plea allocution did not cast significant doubt on the defendant's guilt, negate an essential element of the crime, or call into question the voluntariness of his plea (see People v. Davis, 24 N.Y.3d at 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ; People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the plea allocution was sufficient, as it showed that the defendant understood the charges and made an intelligent decision to accept the plea (see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., LEVENTHAL, DICKERSON, MILLER and DUFFY, JJ., concur.