| People v Sinclair |
| 2008 NY Slip Op 01655 [48 AD3d 974] |
| February 28, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v John G.Sinclair, Appellant. |
—[*1] David S. Hartnett, District Attorney, Cortland (Wendy L. Franklin of counsel), forrespondent.
Mercure, J.P. Appeal from a judgment of the County Court of Cortland County (Campbell,J.), rendered January 4, 2007, convicting defendant upon his plea of guilty of the crime of sexualabuse in the first degree.
Defendant was charged in an indictment with five counts of sexual abuse in the first degreeand one count of endangering the welfare of a child. Waiving his right to appeal, defendantpleaded guilty to one count of sexual abuse in the first degree in full satisfaction of all charges.County Court thereafter sentenced defendant, as negotiated, to an aggregate term of 10 yearsincarceration and probation, with the first six months to be spent in jail. Defendant now appeals.
We affirm. Defendant's challenge to the factual sufficiency of the plea allocution isforeclosed by his valid waiver of the right to appeal, as well as his failure to move to withdrawthe plea or vacate the judgment of conviction (see People v Missimer, 32 AD3d 1114, 1115 [2006], lvdenied 7 NY3d 927 [2006]; Peoplev Tausinger, 21 AD3d 1181, 1182 [2005]; People v Briggs, 21 AD3d 652, 653 [2005], lv denied 5NY3d 881 [2005]). Contrary to his assertions, defendant's statements during the plea colloquydid not negate an essential element of the crime or cast significant doubt upon his guilt so as totrigger the exception to the preservation requirement (see People v Lopez, 71 NY2d 662,666 [1988]; People v Riddick, 40AD3d 1259, [*2]1260 [2007], lv denied 9 NY3d 925[2007]; People v Wagoner, 30AD3d 629, 629 [2006]).
Spain, Rose, Lahtinen and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.