Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Eugene TELFAIR, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel, Robert Ho on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel, Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ozzi, J.), rendered December 11, 2014, convicting him of aggravated criminal contempt, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenges to the voluntariness of his plea of guilty are unpreserved for appellate review because his motion to withdraw his plea was not made on the grounds he now urges (see People v. Ovalle, 112 A.D.3d 971, 972, 977 N.Y.S.2d 401 ; People v. Pelaez, 100 A.D.3d 803, 804, 954 N.Y.S.2d 554 ; People v. Thomas, 89 A.D.3d 964, 964–965, 932 N.Y.S.2d 703, affd. 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ). Contrary to the defendant's contention, the plea allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea so as to present an exception to the preservation requirement (see People v. Davis, 24 N.Y.3d 1012, 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the record establishes that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 ).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit.
LEVENTHAL, J.P., MALTESE, LaSALLE and BRATHWAITE NELSON, JJ., concur.