Opinion
2016–09120 2016–09703 2016–09704 Ind.Nos. 9236/14, 9237/14, 9239/14
12-12-2018
The PEOPLE, etc., Respondent, v. Kevin HARLEY, Appellant.
Carol Kahn, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho on the brief), for respondent.
Carol Kahn, New York, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
Appeals by the defendant from three judgments of the Supreme Court, Kings County (Danny K. Chun, J.), all rendered April 13, 2016, convicting him of criminal possession of a controlled substance in the third degree under Indictment No. 9236/14, conspiracy in the second degree under Indictment No. 9237/14, and conspiracy in the second degree under Indictment No. 9239/14, upon his pleas of guilty, and imposing sentences.ORDERED that the judgments are affirmed.
The defendant's challenge to the factual sufficiency of the plea allocutions to conspiracy in the second degree is unpreserved for appellate review (see CPL 220.60[3], 440.10 ; People v. Toxey , 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160 ; People v. Lopez , 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the factual allocutions were sufficient to support his pleas of guilty to conspiracy in the second degree (see People v. Seeber , 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Fiumefreddo , 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ).
The sentences imposed were not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.