Opinion
2015-07-01
The PEOPLE, etc., respondent, v. James COLLITON, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered February 27, 2014, convicting him of failure to register and verify as a sex offender, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review ( see CPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160). Moreover, contrary to the defendant's contention, the exception to the preservation requirement does not apply here, because his 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. Young, 88 A.D.3d 918, 931 N.Y.S.2d 235). In any event, the plea allocution was sufficient, as it showed that the defendant understood the charge against him and made an intelligent decision to accept the plea ( see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797; People v. Fooks, 21 N.Y.2d 338, 350, 287 N.Y.S.2d 659, 234 N.E.2d 687).