Opinion
09-27-2016
The PEOPLE of the State of New York, Respondent, v. Jean LAROCHE, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Tomoeh Murakami Tse of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Tomoeh Murakami Tse of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered February 6, 2014, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 2 ½ years, unanimously affirmed.
Defendant's challenges to the voluntariness of his plea are unpreserved, since he failed to make an appropriate postallocution motion or otherwise raise these challenges in the plea court, despite ample opportunity to do so within the many months between his guilty plea and sentencing (see People v. Williams, 27 N.Y.3d 212, 219, 32 N.Y.S.3d 17, 51 N.E.3d 528 [2016] ). Under the circumstances here, the narrow exception to the preservation requirement set forth in People v. Louree, 8 N.Y.3d 541, 545–546, 838 N.Y.S.2d 18, 869 N.E.2d 18 (2007) is inapplicable. We decline to review this unpreserved claim in the interest of justice.
FRIEDMAN, J.P., ANDRIAS, RICHTER, GISCHE, KAHN, JJ., concur.