Opinion
2013-01-9
The PEOPLE, etc., respondent, v. George JENNINGS, appellant.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered June 28, 2011, convicting him of criminal possession of a forged instrument in the second 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 a crime is unpreserved for appellate review ( see People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803). Moreover, the “rare case” exception to the preservation requirement, as enunciated in People v. Lopez (71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5), does not apply. In any event, the facts to which the defendant allocuted did indeed constitute the crime of criminal possession of a forged instrument in the second degree ( seePenal Law §§ 170.00[1], [7]; 170.10[1]; 170.25; see also People v. Briggins, 50 N.Y.2d 302, 306, 428 N.Y.S.2d 909, 406 N.E.2d 766;cf. People v. Asai, 66 A.D.3d 1138, 1139, 888 N.Y.S.2d 617).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).