Opinion
1061 KA 18-00437
02-05-2021
The PEOPLE of the State of New York, Respondent, v. Jean M. PRENTICE, Defendant-Appellant.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
PRESENT: PERADOTTO, J.P., CARNI, NEMOYER, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of three counts of forgery in the second degree ( Penal Law § 170.10 [1] ). Defendant's contention that her plea was not knowingly, voluntarily, and intelligently entered is unpreserved for our review because she did not move to withdraw the plea or to vacate the judgment of conviction (see People v. McDonald , 110 A.D.3d 1490, 1490, 972 N.Y.S.2d 803 [4th Dept. 2013], lv denied 23 N.Y.3d 1022, 992 N.Y.S.2d 805, 16 N.E.3d 1285 [2014] ; People v. Davis , 99 A.D.3d 1228, 1229, 951 N.Y.S.2d 808 [4th Dept. 2012], lv denied 20 N.Y.3d 1010, 960 N.Y.S.2d 353, 984 N.E.2d 328 [2013] ). We further conclude that this case does not fall within the "narrow exception" to the preservation requirement ( People v. Lopez , 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ).
We reject defendant's contention that the sentence is unduly harsh and severe.