Opinion
106248.
04-30-2015
The PEOPLE of the State of New York, Respondent, v. Timothy BEBLOWSKI, Appellant.
Brian M. Callahan, Schenectady, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Brian M. Callahan, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, ROSE and DEVINE, JJ.
Opinion
PETERS, P.J.Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered February 25, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree (three counts).
In satisfaction of a 25–count indictment, defendant pleaded guilty to three counts of burglary in the second degree and waived his right to appeal from the conviction and sentence. County Court thereafter sentenced defendant within the range contemplated by the plea agreement, namely, an aggregate prison term of eight years to be followed by postrelease supervision of 3 ½ years. Defendant now appeals.
We affirm. Defendant's contention “that his plea should be vacated due to County Court's failure to inquire as to a potential intoxication defense is not preserved for our review, as the record does not reflect that defendant made an appropriate postallocution motion” (People v. Brown, 125 A.D.3d 1049, 1049, 2 N.Y.S.3d 699 [2015] ; see People v. Duggins, 114 A.D.3d 1001, 1001–1002, 979 N.Y.S.2d 877 [2014], lvs. denied 23 N.Y.3d 961, 962, 988 N.Y.S.2d 568, 569, 11 N.E.3d 718, 719 [2014] ). Defendant, in any case, gave no indication during the plea colloquy that he was impaired at the time that the burglaries occurred, admitted without hesitation that he had committed them, and “said nothing that would have warranted further inquiry by County Court” (People v. Duggins, 114 A.D.3d at 1002, 979 N.Y.S.2d 877 ; see People v. Brown, 125 A.D.3d at 1049–1050, 2 N.Y.S.3d 699 ). Finally, defendant does not dispute the validity of his appeal waiver. Although his ineffective assistance of counsel argument survives the appeal waiver to the extent that it implicates the voluntariness of his plea, it is also unpreserved for our review given the absence of an appropriate postallocution motion (see People v. Smith, 123 A.D.3d 1375, 1376, 999 N.Y.S.2d 276 [2014] ; People v. Guyette, 121 A.D.3d 1430, 1431–1432, 995 N.Y.S.2d 395 [2014] ).ORDERED that the judgment is affirmed.
LAHTINEN, ROSE and DEVINE, JJ., concur.