Opinion
06-20-2017
The PEOPLE of the State of New York, Respondent, v. Kegan RICHARDS, Defendant–Appellant.
Marianne Karas, Thornwood, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Marianne Karas, Thornwood, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent.
Judgment, Supreme Court, New York County (Ann M. Donnelly, J.), rendered August 12, 2015, convicting defendant, upon his plea of guilty, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1 ½ to 3 years, unanimously affirmed.
Defendant's challenges to his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the plea was knowingly, intelligently and voluntarily made. The sequence in which the court conducted the allocution was permissible (see People Gillegbower, 143 A.D.3d 479, 38 N.Y.S.3d 420 [1st Dept.2016], lv. denied 28 N.Y.3d 1145, 52 N.Y.S.3d 296, 74 N.E.3d 681 [2017] ). Defendant's other challenges to the plea are without merit.
ACOSTA, P.J., RICHTER, FEINMAN, WEBBER, KAHN, JJ., concur.