Opinion
2017-11213 S.C.I. No. 213/17
09-25-2019
The PEOPLE, etc., Respondent, v. Shuron SWEAT, Appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered September 20, 2017, convicting him of attempted 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 pleaded guilty to attempted criminal possession of a weapon in the second degree ( Penal Law §§ 110.00, 265.03[3] ). The defendant's contention that his plea of guilty was involuntary because the allocution was factually insufficient is unpreserved for appellate review, since the defendant did not move to withdraw his plea on this ground prior to the imposition of sentence (see People v. McKinney , 162 A.D.3d 1073, 75 N.Y.S.3d 550 ; People v. Elting , 151 A.D.3d 739, 740, 53 N.Y.S.3d 550 ; People v. Sanchez , 122 A.D.3d 646, 994 N.Y.S.2d 427 ). Moreover, the exception to the preservation requirement does not apply here because the defendant's plea allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea (see People v. Lopez , 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. McKinney , 162 A.D.3d 1073, 75 N.Y.S.3d 550 ). In any event, nothing in the record of the plea allocution called into question the voluntary, knowing, and intelligent nature of the defendant's plea (see People v. Seeber , 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Sanchez , 122 A.D.3d 646, 994 N.Y.S.2d 427 ).
CHAMBERS, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.