| People v Rivera |
| 2008 NY Slip Op 00829 [48 AD3d 1092] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Juan L.Rivera, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), renderedMarch 24, 2006. The judgment convicted defendant, upon his plea of guilty, of burglary in thesecond degree, criminal contempt in the first degree and criminal possession of stolen property inthe fifth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of, inter alia,burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that CountyCourt erred in accepting his Alford plea because the evidence that the People intended tooffer at trial, placed on the record by the People, was inadequate to support the "intent to commita crime therein" element of burglary (§ 140.25; see generally People v Lewis, 5 NY3d 546, 551-552 [2005]). Byfailing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed topreserve that contention for our review (see CPL 470.05 [2]; People v Burgos,291 AD2d 904 [2002], lv denied 97 NY2d 751 [2002]), and we decline to exercise ourpower to review that contention as a matter of discretion in the interest of justice (seeCPL 470.15 [6] [a]). Present—Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.