| People v Swarts |
| 2009 NY Slip Op 05647 [64 AD3d 801] |
| July 2, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jeffrey L.Swarts, Appellant. |
—[*1] Gerald A. Keene, District Attorney, Owego (Irene C. Graven of counsel), forrespondent.
Kavanagh, J. Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.),rendered November 21, 2008, convicting defendant upon his plea of guilty of the crime of sexualabuse in the first degree.
Defendant pleaded guilty to sexual abuse in the first degree in full satisfaction of athree-count indictment arising out of charges that he molested the six-year-old daughter of awoman with whom he was living. Pursuant to the negotiated plea agreement, defendant wassentenced to four years in prison followed by five years of postrelease supervision. He nowappeals and we affirm.
Defendant's contentions that his plea was involuntary and factually insufficient are precludedby his failure to move to withdraw the plea or vacate the judgment of conviction (see People v Brady, 59 AD3d748, 748 [2009]; People vSmith, 57 AD3d 1237, 1237 [2008]). Moreover, the narrow exception to thepreservation rule is inapplicable inasmuch as defendant did not make any statement during theplea that negated an element of the crime or cast doubt on his guilt (see People v Grant, 60 AD3d1202, 1202-1203 [2009]). On the contrary, although the record does reflect defendant'sinitial confusion as to the exact charge to which he was pleading guilty, County Court fulfilledits duty to inquire further and defendant expressly admitted to [*2]inserting his finger into the victim's vagina (cf. People vBateman, 278 AD2d 749, 749-750 [2000]). Indeed, a review of the plea allocution revealsthat County Court fully apprised defendant of the ramifications associated with pleading guiltyand indicates that such plea was entered voluntarily, knowingly and intelligently (see People v Demontigny, 60 AD3d1152, 1153 [2009]).
Peters, J.P., Spain, Lahtinen and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.