| People v Norton |
| 2011 NY Slip Op 06953 [88 AD3d 1027] |
| October 6, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v MichelleNorton, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Clinton County (Ryan, J.), renderedApril 7, 2010, convicting defendant upon her plea of guilty of the crimes of burglary in thesecond degree, criminal use of a firearm in the second degree, criminal possession of a weapon inthe third degree, menacing in the second degree, unlawful imprisonment in the second degree,coercion in the second degree and endangering the welfare of a child.
Defendant was charged in an indictment with the crimes of burglary in the first degree,criminal use of a firearm in the first degree, criminal possession of a weapon in the third degree,menacing in the second degree, unlawful imprisonment in the second degree, coercion in thesecond degree and endangering the welfare of a child. County Court subsequently reduced theburglary charge to burglary in the second degree and reduced the criminal use of a firearm chargeto criminal use of a firearm in the second degree. Defendant thereafter pleaded guilty as chargedand was sentenced to prison terms of five years with four years of postrelease supervision on theburglary and criminal use of a firearm convictions and 2 to 6 years for the criminal possession ofa weapon conviction. She was also sentenced to one year in jail on each of the menacing,unlawful imprisonment, coercion and endangering the welfare of a child convictions, with allsentences to run concurrently. Defendant now appeals and we affirm.
Defendant's contention that her plea was not voluntarily entered is not preserved for our[*2]review in light of her failure to move to withdraw her plea orvacate the judgment of conviction (seePeople v Good, 83 AD3d 1124, 1125 [2011]; People v Miller, 82 AD3d 1278, 1279 [2011], lv denied 16NY3d 861 [2011]).[FN*]Nor did defendant make any statements during the plea allocution that negated an essentialelement of the crimes or otherwise cast doubt on her guilt in order to trigger the narrow exceptionto the preservation rule (see People vJean-Francois, 82 AD3d 1366, 1367 [2011], lv denied 17 NY3d 797 [2011]; People v Hill, 81 AD3d 1040[2011]). Further, defendant's challenge to the factual elements of the burglary charge wasforfeited by her guilty plea (see People v Taylor, 65 NY2d 1, 5 [1985]; People vNegron, 280 AD2d 780, 781 [2001], lv denied 96 NY2d 832 [2001]). Finally,regarding defendant's claim that her sentence was harsh and excessive, the record reveals noabuse of discretion or any extraordinary circumstances warranting a reduction of the sentence (see People v Stubbs, 75 AD3d664, 665 [2010]).
Spain, J.P., Lahtinen, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.
Footnote *: To the extent that defendantargues on appeal that County Court erred in denying her motion to withdraw her plea, our reviewof the record reveals that no motion to withdraw the plea was made by defendant, nor did thecourt rule on such a motion. Further, defendant did not make any statements indicating to thecourt that she should be given the opportunity to withdraw her plea (see People v Good,83 AD3d at 1125-1126).