Opinion
2017–09867 S.C.I. No. 164/17
07-29-2020
The PEOPLE, etc., Respondent, v. Dondi M. JOHNSON, Appellant.
Del Atwell, East Hampton, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered August 24, 2017, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review (see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Chambers, 177 A.D.3d 645, 112 N.Y.S.3d 164 ). In any event, the contention is without merit (see People v. Chambers, 177 A.D.3d at 646, 112 N.Y.S.3d 164 ; People v. Murray, 278 A.D.2d 898, 898–899, 718 N.Y.S.2d 554 ; see also People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ).
The sentence imposed was not excessive (see People v. Lopez, 128 A.D.3d 1093, 8 N.Y.S.3d 599 ; People v. Fiorello, 97 A.D.3d 763, 947 N.Y.S.2d 909 ; People v. Howard, 50 A.D.3d 823, 854 N.Y.S.2d 776 ).
RIVERA, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.