Opinion
2018-02862 Ind. No. 151/17
12-23-2020
The PEOPLE, etc., respondent, v. Jalal A. CHAVIES, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Jennifer Burton of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Jennifer Burton of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered February 5, 2018, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant entered a plea of guilty to criminal sale of a controlled substance in the third degree and was thereafter sentenced as a second felony offender.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review since he did not move to withdraw the plea under CPL 220.60(3) or otherwise raise the issue before the County Court (see People v. Chambers, 177 A.D.3d 645, 645, 112 N.Y.S.3d 164 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here 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 his plea (see People v. Davis, 24 N.Y.3d 1012, 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ; People v. Chambers, 177 A.D.3d at 645–646, 112 N.Y.S.3d 164 ). In any event, the defendant's plea allocution was factually sufficient and the record as a whole demonstrates that his plea of guilty was knowing, voluntary, and intelligent (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ).
The defendant's contention that he was sentenced on the basis of materially untrue assumptions or misinformation (see People v. Naranjo, 89 N.Y.2d 1047, 1049, 659 N.Y.S.2d 826, 681 N.E.2d 1272 ) is without merit (see People v. Marshall, 68 A.D.3d 1014, 1015, 889 N.Y.S.2d 862 ).
DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.