| People v Crandall |
| 2009 NY Slip Op 07028 [66 AD3d 1455] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Steven D.Crandall, Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered May24, 2007. The judgment convicted defendant, upon his plea of guilty, of grand larceny in thefourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofgrand larceny in the fourth degree (Penal Law § 155.30 [1]). We reject the contention ofdefendant that County Court erred in refusing to suppress his statement to the police. "Inconcluding that defendant's statement to the police was voluntarily made . . . , thesuppression court was entitled to credit the testimony of [the] police witness[ ] that defendantwas advised of his Miranda rights and knowingly, voluntarily and intelligently waivedthose rights" (People v Brooks, 26AD3d 739, 740 [2006], lv denied 6 NY3d 846, 7 NY3d 810 [2006]). Defendant didnot move to withdraw the plea or to vacate the judgment of conviction and thus failed topreserve for our review his challenge to the factual sufficiency of the plea allocution with respectto the amount of money stolen (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Stuart, 19 AD3d 1167[2005], lv denied 5 NY3d 810 [2005]). This case does not fall within the narrowexception to the preservation requirement (see Lopez, 71 NY2d at 666).Present—Martoche, J.P., Centra, Fahey, Peradotto and Green, JJ.