Opinion
2018–11206 Ind. No. 17-01259
03-11-2020
The PEOPLE, etc., Respondent, v. Israel NEGRIEL, Appellant.
Calhoun & Lawrence, LLP, White Plains, N.Y. (Clinton W. Calhoun III of counsel), for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Jordan K. Hummel of counsel), for respondent.
Calhoun & Lawrence, LLP, White Plains, N.Y. (Clinton W. Calhoun III of counsel), for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Jordan K. Hummel of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review as he did not move to vacate his plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2] ; 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, 979 N.Y.S.2d 704 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply in this case 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 the plea (see 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. "[A]n allocution based on a negotiated plea need not elicit from a defendant specific admissions as to each element of the charged crime" ( People v. Goldstein , 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ; see People v. Seeber , 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ). A plea allocution is sufficient if it "shows that the defendant understood the charges and made an intelligent decision to enter a plea" ( People v. Goldstein , 12 N.Y.3d at 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ). Here, the record demonstrates that the defendant understood the charges and made an intelligent decision to accept the plea.
The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see People v. Caban , 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Baldi , 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.