| People v Gazader |
| 2008 NY Slip Op 04883 [51 AD3d 1036] |
| May 27, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Richard Gazader, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, King County (D'Emic, J.),rendered October 23, 2006, convicting him of attempted murder in the second degree, assault inthe second degree (three counts), burglary in the first degree (two counts), and criminal contemptin the first degree (three counts), upon a plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea was not knowingly, voluntarily, and intelligentlymade is unpreserved for appellate review because the defendant never moved to withdraw hisplea (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez, 71 NY2d662, 665 [1988]; People v Jones, 41 AD3d 509 [2007]). The narrow exception to thepreservation rule does not apply herein (see People v Lopez, 71 NY2d 662, 666 [1988]).In any event, the plea of guilty was knowingly, voluntarily, and intelligently made (see Peoplev Fiumefreddo, 82 NY2d 536, 543 [1993]; People v LeGrady, 50 AD3d 1059[2008]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Spolzino, Dickerson and Eng, JJ., concur.