Opinion
2022-00787
02-04-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TERRELL R. CRITTLETON, DEFENDANT-APPELLANT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, D.J. & J.A. CIRANDO, PLLC, SYRACUSE (REBECCA L. KONST OF COUNSEL), FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, D.J. & J.A. CIRANDO, PLLC, SYRACUSE (REBECCA L. KONST OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, AND BANNISTER, JJ.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered April 26, 2018. The judgment convicted defendant, upon a plea of guilty, of burglary in the second degree (two counts), criminal obstruction of breathing or blood circulation (two counts), and attempted grand larceny in the fourth degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his Alford plea, of, inter alia, two counts of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that County Court erred in accepting his plea because it was not knowingly and voluntarily entered. Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and thus failed to preserve that contention for our review (see People v Dixon, 147 A.D.3d 1518, 1518-1519 [4th Dept 2017], lv denied 29 N.Y.3d 1078 [2017]; People v Elliott, 107 A.D.3d 1466, 1466 [4th Dept 2013], lv denied 22 N.Y.3d 996 [2013]). Furthermore, this case does not fall within the narrow exception to the preservation requirement (see People v Lopez, 71 N.Y.2d 662, 666 [1988]). Finally, we conclude that the sentence is not unduly harsh or severe.