Opinion
1158 KA 16-00230.
11-09-2017
The PEOPLE of the State of New York, Respondent, v. Daren FLOYD, Defendant–Appellant.
Charles J. Greenberg, Amherst, for defendant-appellant. Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of Counsel), for respondent.
Charles J. Greenberg, Amherst, for defendant-appellant.
Gregory J. McCaffrey, District Attorney, Geneseo (Joshua J. Tonra of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of aggravated unlicensed operation of a motor vehicle in the first degree ( Vehicle and Traffic Law § 511[3][a][ii] ). Defendant's challenge to the factual sufficiency of the plea allocution is not preserved for our review (see People v. Newton, 143 A.D.3d 1286, 1286, 38 N.Y.S.3d 826 [4th Dept.2016], lv. denied 28 N.Y.3d 1126, 51 N.Y.S.3d 22, 73 N.E.3d 362 [2016] ). Even assuming, arguendo, that this case falls within the rare exception to the preservation requirement, thus triggering County Court's duty to inquire further to ensure that the plea was knowingly and voluntarily entered (see generally People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ), we conclude that the court's subsequent inquiry and offer to allow defendant to reject the plea and proceed to trial were sufficient to ensure that the plea was knowing and voluntary (see People v. Carter, 147 A.D.3d 1514, 1516, 47 N.Y.S.3d 614 [4th Dept.2017], lv. denied 29 N.Y.3d 1030, 62 N.Y.S.3d 298, 84 N.E.3d 970 [2017] ). We note, however, that the certificate of conviction incorrectly identifies the section of the Vehicle and Traffic Law of which defendant was convicted, and must therefore be corrected accordingly (see People v. Maloney, 140 A.D.3d 1782, 1783, 32 N.Y.S.3d 410 [4th Dept.2016] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and WINSLOW, JJ., concur.