Opinion
2018–09336 Ind. No. 17–00317
11-06-2019
The PEOPLE, etc., Respondent, v. Derek SLOANE, Appellant.
Clinton W. Calhoun III, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Christine DiSalvo of counsel; Caroline Zicca on the brief), for respondent.
Clinton W. Calhoun III, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Christine DiSalvo of counsel; Caroline Zicca on the brief), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, CHERYL E. CHAMBERS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Westchester County (Larry J. Schwartz, J.), rendered June 27, 2018, convicting him of criminal possession of stolen property in the fourth 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review since, after withdrawing a prior motion to withdraw his plea, he did not move a second time to withdraw his plea or move to vacate the judgment of conviction (see People v. Lopez, 71 N.Y.2d 662, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 169 A.D.3d 924, 92 N.Y.S.3d 667 ; People v. Saliani, 163 A.D.3d 854, 854, 80 N.Y.S.3d 471 ; People v. Hutter, 154 A.D.3d 776, 776, 63 N.Y.S.3d 391 ). In addition, the exception to the preservation requirement does not apply here, because 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" ( People v. Fontanet, 126 A.D.3d 723, 723, 2 N.Y.S.3d 371 ; see People v. Tyrell, 22 N.Y.3d 359, 364, 981 N.Y.S.2d 336, 4 N.E.3d 346 ; People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Conceicao, 26 N.Y.3d 375, 23 N.Y.S.3d 124, 44 N.E.3d 199 ; People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170 ).
SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.