At page 1449 Preservation of claims regarding plea and sentence review10 citing casesMcCarthy, J. Appeal from a judgment of the Supreme Court (Coccoma, J.), entered July 12, 2010 in Schenectady County, convicting defendant upon his plea of…
- People v. Lewis, 118 A.D.3d 1125 (N.Y. App. Div. 3d Dep't 2014).published As such, these issues have not been preserved for our review (see People v Trombley, 115 AD3d 1114, 1114 [2014]; People v Ladieu, 105 AD3d 1265, 1265-1266 [2013], lv denied 21 NY3d 1017 [2013]; People v Doe, 95 AD3d 1449, 1449 [2012], lv d…
- People v. Stroman, 107 A.D.3d 1023 (N.Y. App. Div. 3d Dep't 2013).published Defendant’s contention that his plea was not knowingly, voluntarily or intelligently made is unpreserved for our review as there is no indication in this record that he moved to withdraw his plea or vacate the judgment of conviction (see P…
- People v. Ladieu, 105 A.D.3d 1265 (N.Y. App. Div. 3d Dep't 2013).published However, her contentions that her guilty plea was not knowing, voluntary or intelligent and that she was denied the effective assistance of counsel, which caused her to enter a defective guilty plea, have not been preserved for our review…
- People v. Bean, 102 A.D.3d 1062 (N.Y. App. Div. 3d Dep't 2013).published As to defendant’s claim that his sentence is harsh and excessive, we discern neither an abuse of discretion nor extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Doe, 95 AD3d 1449,…
- People v. Williams, 101 A.D.3d 1174 (N.Y. App. Div. 2012).published Similarly, defendant’s claim of ineffective assistance of counsel is unpreserved by his failure to move to withdraw his plea or vacate the judgment of conviction (see People v Doe, 95 AD3d 1449, 1449 [2012], lv denied 19 NY3d 995 [2012]; P…
v.
Maximo Doe, Also Known as Max
Appeal from a judgment of the Supreme Court (Coccoma, J.), entered July 12, 2010 in Schenectady County, convicting defendant upon his plea of guilty of the crimes of conspiracy in the second degree, conspiracy in the fourth degree, criminal sale of a controlled substance in the first degree (two counts), criminal sale of a controlled substance in the second degree and criminal sale of a controlled substance in the third degree.
As the result of an investigation into organized drug activity in Schenectady County, defendant was charged in an indictment with the crimes of conspiracy in the second degree, conspiracy in the fourth degree, criminal sale of a controlled substance in the first degree (two counts), criminal sale of a controlled substance in the second degree and criminal sale of a controlled substance in the third degree.* Defendant pleaded guilty as charged and was sentenced, as a second felony drug offender, to an aggregate prison term of 14 years, plus five years of post-release supervision. Defendant appeals.
We affirm. Defendant’s contentions that his plea was not knowingly, voluntarily and intelligently entered and that he was denied the effective assistance of counsel are not preserved for our review, as the record before us indicates that he failed to move to withdraw his plea or vacate the judgment of conviction (see People v Campbell, 89 AD3d 1279, 1279 [2011]; People v Gomez, 72 AD3d 1337, 1338 [2010]). Further, with regard to the plea, the narrow exception to the preservation rule is inapplicable here, inasmuch as defendant did not make any statements during the plea allocution that negated a material element of the crime or otherwise raised any doubt as to his guilt (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Gorrell, 63 AD3d 1381, 1381 [2009], lv denied 13 NY3d 744 [2009]). As to defendant’s claim that the agreed-upon sentence was harsh and excessive, the record reveals no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence (see People v Warren, 87 AD3d 1185, 1186 [2011]).
[*1450] Lahtinen, J.E, Spain, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.
The indictment named 23 other defendants and contained a total of 84 counts.