Opinion
2017–01600 Ind. No. 51/16
02-20-2019
The PEOPLE, etc., Respondent, v. Nicholas P. HARRIS, Also Known as "Bados," Appellant.
John A. Cirando, Syracuse, N.Y. (Bradley E. Keem and Elizabeth deV. Moeller of counsel, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
John A. Cirando, Syracuse, N.Y. (Bradley E. Keem and Elizabeth deV. Moeller of counsel, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered January 19, 2017, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, as the defendant did not move to withdraw his plea or otherwise raise this issue before the County Court (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Jackson, 114 A.D.3d 807, 807, 979 N.Y.S.2d 704 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here, as the defendant's plea allocution did not cast significant doubt upon his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (see People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Fontanet, 126 A.D.3d 723, 723, 2 N.Y.S.3d 371 ). In any event, the defendant's contention is without merit (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369 ; People v. Fraser, 261 A.D.2d 206, 691 N.Y.S.2d 30 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.