Opinion
2015-08-05
The PEOPLE, etc., respondent, v. Misha LOUIS, appellant.
Craig S. Leeds, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Craig S. Leeds, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered March 28, 2012, convicting her of attempted robbery in the first degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of her plea is unpreserved for appellate review ( see e.g. People v. Davis, 24 N.Y.3d 1012, 997 N.Y.S.2d 115, 21 N.E.3d 568; People v. Tyrell, 22 N.Y.3d 359, 363–364, 981 N.Y.S.2d 336, 4 N.E.3d 346; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Rampersaud, 121 A.D.3d 721, 722, 993 N.Y.S.2d 364). The exception to the preservation requirement does not apply in this case, as nothing in the defendant's allocution cast significant doubt on her guilt of the crime pleaded to, negated an essential element of that crime, or called into question the voluntariness of her plea ( see e.g. People v. Lopez, 71 N.Y.3d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Rampersaud, 121 A.D.3d at 722, 993 N.Y.S.2d 364; People v. Slide, 113 A.D.3d 881, 978 N.Y.S.2d 901). In any event, the plea allocution was factually sufficient ( see e.g. People v. Johnson, 23 N.Y.3d 973, 975, 989 N.Y.S.2d 680, 12 N.E.3d 1109; People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797).
The defendant's remaining contentions are without merit.