Opinion
2014-02-13
The PEOPLE of the State of New York, Respondent, v. Ronald K. DUGGINS, Also Known as Chance, Appellant.
Torrance L. Schmitz, Vestal, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Torrance L. Schmitz, Vestal, for appellant. Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Before: PETERS, P.J., STEIN, ROSE and EGAN JR., JJ.
ROSE, J.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 1, 2010, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
Defendant and two others were charged in an indictment with various crimes after they were stopped by police while driving toward an armed confrontation with another man. In satisfaction of the charges against him, defendant pleaded guilty to one count of criminal possession of a weapon in the second degree. County Court imposed the agreed-upon sentence of 6 1/2 years in prison, to be followed by five years of postrelease supervision. Defendant now appeals, contending that his guilty plea was not knowingly, voluntarily and intelligently entered due to County Court's failure to explore potential intoxication and temporary innocent possession defenses during the plea colloquy.
We disagree and affirm. The record does not reflect that defendant moved to withdraw his plea or to vacate the judgment of conviction and, accordingly, his arguments are unpreserved for our review ( see People v. Pearson, 110 A.D.3d 1116, 1116, 972 N.Y.S.2d 359 [2013]; People v. English, 100 A.D.3d 1147, 1148, 953 N.Y.S.2d 722 [2012] ). In any case, while defendant stated that he had been drinking on the night in question, his recollection during the plea colloquy was detailed and thorough, and he said nothing that would have warranted further inquiry by County Court ( see People v. Kendall, 91 A.D.3d 1191, 1193, 937 N.Y.S.2d 439 [2012]; People v. Beach, 306 A.D.2d 753, 754, 760 N.Y.S.2d 912 [2003] ). Defendant further admitted to concealing the loaded handgun at issue when the vehicle in which he was traveling was stopped by police, thus negating any potential temporary innocent possession defense ( see People v. Banks, 76 N.Y.2d 799, 801, 559 N.Y.S.2d 959, 559 N.E.2d 653 [1990]; People v. Curry, 85 A.D.3d 1209, 1211, 924 N.Y.S.2d 217 [2011], lv. denied17 N.Y.3d 815, 929 N.Y.S.2d 803, 954 N.E.2d 94 [2011] ).
ORDERED that the judgment is affirmed. PETERS, P.J., STEIN and EGAN JR., JJ., concur.