| People v Broadwater |
| 2010 NY Slip Op 00163 [69 AD3d 643] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Carney Broadwater, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo,J.), rendered July 24, 2008, convicting him of criminal possession of a controlled substance inthe second degree, criminal possession of a weapon in the second degree, and criminalpossession of a controlled substance in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contentions regarding the factual sufficiency of his plea allocution withrespect to the count of the indictment charging him with criminal possession of a weapon in thesecond degree are unpreserved for appellate review, since he failed to move to withdraw his pleaprior to sentencing on those grounds, and because his recitation of the facts during his allocutiondid not cast significant doubt on his guilt or otherwise call into question the voluntariness of theplea (see CPL 470.05 [2]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Russell, 60 AD3d 706[2009]; People v Sanabria, 52AD3d 743, 744 [2008]; People vPratcher, 50 AD3d 1063 [2008]; People v Elcine, 43 AD3d 1176, 1177 [2007]). In any event, thefacts admitted in the allocution were sufficient to support the defendant's plea of guilty tocriminal possession of a weapon in the second degree (see Penal Law § 265.03;People v Torres, 68 NY2d 677, 678-679 [1986]; People v Nix, 53 AD3d 557 [2008]; People v Cade, 215AD2d 772, 773 [1995]). Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.