People v. Long, 108749

• Decision Date: 04 October 2018
• Docket Number: 108749
• Parties: The PEOPLE of the State of New York, Respondent, v. Edward A. LONG, Appellant.
• Court: New York Supreme Court — Appellate Division

165 A.D.3d 1323

82 N.Y.S.3d 746 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Edward A. LONG, Appellant.

108749

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: September 5, 2018

Decided and Entered: October 4, 2018

John A. Cirando, Syracuse, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.

Before: McCarthy, J.P., Lynch, Clark, Mulvey and Rumsey, JJ.

MEMORANDUM AND ORDER

Clark, J.

Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.), rendered April 7, 2016, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with criminal sale of a controlled substance in the third degree. In satisfaction thereof, he pleaded guilty to attempted criminal sale of a controlled substance in the third degree. In accordance with the terms of the plea agreement, he was sentenced to one year in jail. Defendant now appeals.

Defendant's sole challenge is to the validity of his guilty plea, which he contends was not made knowingly, voluntarily and intelligently. This claim, however, has not been preserved for our review, as the record does not disclose that defendant made an appropriate postallocution motion (see People v. Tucker, 161 A.D.3d 1481, 1482, 78 N.Y.S.3d 450 [2018], lv denied 31 N.Y.3d 1153, 83 N.Y.S.3d 435, 108 N.E.3d 509 [2018] ; People v. Wood, 161 A.D.3d 1447, 1449, 77 N.Y.S.3d 763 [2018] ; People v. Rutigliano, 159 A.D.3d 1280, 1280, 73 N.Y.S.3d 674 [2018], lv denied 31 N.Y.3d 1121, 81 N.Y.S.3d 381, 106 N.E.3d 764 [2018] ). "Moreover, the narrow exception to the preservation requirement is inapplicable as defendant did not make any statements during the plea colloquy that cast doubt upon his guilt" ( People v. Pabon, 157 A.D.3d 1057, 1057, 69 N.Y.S.3d 192 [2018], lv denied 31 N.Y.3d 986, 77 N.Y.S.3d 663, 102 N.E.3d 440 [2018] [citation omitted]; see People v. Jackson, 159 A.D.3d 1276, 1276, 73 N.Y.S.3d 676 [2018], lv denied 31 N.Y.3d 1149, 83 N.Y.S.3d 431, 108 N.E.3d 505 [2018] ). Therefore, the judgment must be affirmed.

ORDERED that the judgment is affirmed.

McCarthy, J.P., Lynch, Mulvey and Rumsey, JJ., concur.