| People v Dugin |
| 2008 NY Slip Op 04369 [51 AD3d 687] |
| May 6, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Kenneth Dugin, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.),rendered February 26, 2007, convicting him of grand larceny in the third degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
Under the circumstances, the defendant's contention that the County Court erred in acceptinghis plea of guilty without inquiring into whether he was knowingly and voluntarily waiving adefense of intoxication (see Penal Law § 15.25) is unpreserved for appellatereview (see CPL 470.05 [2]; People v Sioleski, 21 AD3d 501, 501-502 [2005]; cf. People v Reid, 21 AD3d 1215,1215-1216 [2005]). In any event, the defendant's contention is without merit. Nothing in thedefendant's allocution cast doubt upon his guilt, negated an essential element of the crime ofgrand larceny in the third degree, or suggested that a defense of intoxication was applicable(cf. People v Jaworski, 296 AD2d 597, 597-598 [2002]). Lifson, J.P., Covello, Angiolilloand Leventhal, JJ., concur.