| People v Karolys |
| 2011 NY Slip Op 04551 [85 AD3d 1213] |
| June 2, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RodrigoKarolys, Appellant. |
—[*1] Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
Peters, J.P. Appeal from a judgment of the County Court of Ulster County (Czajka, J.),rendered April 16, 2010, convicting defendant upon his plea of guilty of the crime of identitytheft in the first degree.
In satisfaction of an indictment and an uncharged crime, defendant pleaded guilty to identitytheft in the first degree. He was thereafter sentenced to a prison term of 1 to 3 years. He nowappeals, and we affirm.
Defendant contends that his plea was not knowingly, voluntarily or intelligently entered.Despite his failure to move to withdraw his plea or vacate the judgment of conviction, defendantargues that his contention is properly before this Court under the exception to the preservationrule (see People v Lopez, 71 NY2d 662, 666 [1988]). We disagree. To the extent thatdefendant made statements during sentencing that negated an essential element of the crime, therecord reveals that County Court promptly made inquiries to ensure that defendant understoodthe nature of the plea and that the plea was knowing, voluntary and intelligent. "Having failed toexpress, in any way, dissatisfaction with the court's remedial action, defendant has waived anyfurther challenge to the allocution, and thus no issue is preserved for our review" (id. at668 [citation omitted]; accord People vGranan, 48 AD3d 975, 976 [2008], lv denied 10 NY3d 959 [2008]; People v Parara, 46 AD3d 936,937 [2007]).[*2]
Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Orderedthat the judgment is affirmed.