People v. Allen
| Decision Date | 15 November 2018 |
| Docket Number | 107931 |
| Citation | 166 A.D.3d 1210,85 N.Y.S.3d 803 (Mem) |
| Parties | The PEOPLE of the State of New York, Respondent, v. Anthony ALLEN, Also Known as Lucky, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 1210
85 N.Y.S.3d 803 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Anthony ALLEN, Also Known as Lucky, Appellant.
107931
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 18, 2018
Decided and Entered: November 15, 2018
Jacob A. Vredenburgh, Wynantskill, for appellant.
P. David Soares, District Attorney, Albany (Noel Mendez of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Aarons, J.
In full satisfaction of a nine-count indictment, defendant agreed to plead guilty to one count of criminal sale of a controlled substance in the third degree and to waive his right to appeal in exchange for a prison term of 5½ years followed by three years of postrelease supervision. Following a detailed plea colloquy, defendant pleaded guilty to the subject crime, and County Court thereafter imposed the agreed-upon sentence. This appeal ensued.
We affirm. Although defendant's challenge to the voluntariness of his plea survives his unchallenged waiver of the right to appeal, this issue is unpreserved for our review in the absence of an appropriate postallocution motion (see People v. Williams , 163 A.D.3d 1172, 1173, 81 N.Y.S.3d 636 [2018], lv denied 81 N.Y.3d 636, ––– N.Y.S.3d ––––, N.E.3d –––– [Sept. 12, 2018] ; People v. Edwards , 160 A.D.3d 1280, 1281, 75 N.Y.S.3d 663 [2018], lv denied 31 N.Y.3d 1147, 83 N.Y.S.3d 428, 108 N.E.3d 502 [2018] ; People v. Widger , 160 A.D.3d 1297, 1297, 75 N.Y.S.3d 360 [2018] ). Defendant's ineffective assistance of counsel claim – to the extent that it impacts upon the voluntariness of his plea – is similarly unpreserved (see People v. Reap , 163 A.D.3d 1287, 1289, 81 N.Y.S.3d 654 [2018] ; People v. Burks , 163 A.D.3d 1286, 1287, 80 N.Y.S.3d 733 [2018] ; People v. Duggins , 161 A.D.3d 1445, 1446, 77 N.Y.S.3d 765 [2018], lv denied 32 N.Y.3d 937, 84 N.Y.S.3d 863, 109 N.E.3d 1163 [2018] ). Contrary to defendant's assertion, nothing on the face of the plea colloquy, wherein defendant expressly confirmed...
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