Opinion
108449
02-15-2018
The PEOPLE of the State of New York, Respondent, v. Brendan C. YOUNG, Appellant.
Brian M. Quinn, Albany, for appellant. Karen Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.
Brian M. Quinn, Albany, for appellant.
Karen Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.
Before: Garry, P.J., McCarthy, Egan Jr., Lynch and Pritzker, JJ.
MEMORANDUM AND ORDER
Lynch, J.
Appeal from a judgment of the County Court of Saratoga County (Murphy III, J.), rendered January 13, 2016, convicting defendant upon his plea of guilty of the crime of strangulation in the second degree.Defendant pleaded guilty to strangulation in the second degree and waived the right to appeal. County Court thereafter sentenced him, as a second violent felony offender, to five years in prison to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's claim of ineffective assistance of counsel with respect to his plea and that his plea was not knowing, intelligent and voluntary survive his unchallenged appeal waiver but are unpreserved for our review inasmuch as the record does not reflect that he made an appropriate postallocution motion (see People v. Rayburn, 150 A.D.3d 1553, 1554, 55 N.Y.S.3d 512 [2017] ; People v. Bonds, 148 A.D.3d 1304, 1305, 47 N.Y.S.3d 916 [2017], lvs denied 29 N.Y.3d 1076, 1081, 64 N.Y.S.3d 166, 86 N.E.3d 253 [2017] ; People v. Hankerson, 147 A.D.3d 1153, 1153, 46 N.Y.S.3d 438 [2017], lv denied 29 N.Y.3d 998, 57 N.Y.S.3d 719, 80 N.E.3d 412 [2017] ). Moreover, the narrow exception to the preservation rule is inapplicable. Although defendant made statements during the colloquy and in the course of the presentence investigation that refuted an element of the crime, County Court satisfied its duty to inquire further and ensured both during the colloquy and at sentencing that the elements of the crime were established and that defendant was pleading guilty knowingly, intelligently and voluntarily (see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; People v. Graves, 113 A.D.3d 998, 999, 978 N.Y.S.2d 918 [2014], lv denied 23 N.Y.3d 1037, 993 N.Y.S.2d 250, 17 N.E.3d 505 [2014] ).
ORDERED that the judgment is affirmed.
Garry, P.J., McCarthy, Egan Jr. and Pritzker, JJ., concur.