Opinion
2014-01-22
The PEOPLE, etc., respondent, v. Jared BROWN, appellant.
Del Atwell, East Hampton, N.Y., for appellant. Adam B. Levy, District Attorney, Carmel, N.Y. (Matthew A. Toporowski of counsel), for respondent.
Del Atwell, East Hampton, N.Y., for appellant. Adam B. Levy, District Attorney, Carmel, N.Y. (Matthew A. Toporowski of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered February 8, 2012, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the superior court information was not jurisdictionally defective ( see People v. Burns, 259 A.D.2d 491, 684 N.Y.S.2d 884; cf. People v. Alejandro, 70 N.Y.2d 133, 517 N.Y.S.2d 927, 511 N.E.2d 71).
The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered into is unpreserved for appellate review because he did not move to withdraw his plea of guilty prior to the imposition of sentence ( see People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668; People v. Newson, 106 A.D.3d 839, 840, 964 N.Y.S.2d 646). Furthermore, the narrow exception to the preservation rule is inapplicable, since there is nothing in the plea allocution that would cast significant doubt upon the defendant's guilt or call into question the voluntariness of the plea ( see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Hluboky, 99 A.D.3d 1020, 1021, 952 N.Y.S.2d 454). In any event, the record at the plea proceeding establishes that the plea was knowingly, voluntarily, and intelligently made ( see People v. James, 78 A.D.3d 965, 910 N.Y.S.2d 671).
The defendant's remaining contention is without merit. RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.