Opinion
03-04-2015
The PEOPLE, etc., respondent, v. John F. GOELZ, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered June 18, 2013, convicting him of burglary in the second degree as a sexually motivated felony and stalking in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because the facts to which he allocuted do not actually constitute the crime of burglary in the second degree as a sexually motivated felony is unpreserved for appellate review (see People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803 ). In any event, the facts to which the defendant allocuted constituted that crime (see Penal Law §§ 130.91, 140.25 ; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; cf. People v. Judware, 75 A.D.3d 841, 844–845, 906 N.Y.S.2d 139 ).
SKELOS, J.P., SGROI, MALTESE and DUFFY, JJ., concur.