| People v Harrison |
| 2009 NY Slip Op 06741 [66 AD3d 1057] |
| October 1, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v KeithT. Harrison II, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Malone Jr., J. Appeal from a judgment of the County Court of Broome County (Smith, J.),rendered September 21, 2007, convicting defendant upon his plea of guilty of the crime ofmanslaughter in the first degree.
Defendant was charged in a five-count indictment with murder in the second degree,manslaughter in the first degree, manslaughter in the second degree, assault in the second degreeand endangering the welfare of a minor. The charges stemmed from an incident wheredefendant's one-month-old son died allegedly as the result of defendant attempting to stop theinfant from crying by first covering his mouth and then causing the child's head to violentlystrike the headboard of defendant's bed. Pursuant to a plea agreement, defendant pleaded guiltyto manslaughter in the first degree in full satisfaction of the indictment and was sentenced to thebargained-for term of 15 years in prison followed by five years of postrelease supervision.Defendant now appeals and we affirm.
Defendant's challenge to the factual sufficiency of his plea allocution was not preserved forour review in light of his failure to move to withdraw his plea or vacate the judgment ofconviction (see People v Florance, 58 AD3d 887, 887 [2009]; People v Sanabria, 43 AD3d1228, 1229 [2007], lv denied 9 NY3d 993 [2007]). Moreover, contrary todefendant's contention, he [*2]did not make any statementsduring the plea allocution that cast doubt about his guilt or negated an essential element of thecrime so as to trigger the narrow exception to the preservation requirement (see People v Johnson, 54 AD3d1133, 1133 [2008]; People vSinclair, 48 AD3d 974, 975 [2008]).
Cardona, P.J., Peters, Lahtinen and Stein, JJ., concur. Ordered that the judgment is affirmed.