| People v Jones |
| 2011 NY Slip Op 06954 [88 AD3d 1029] |
| October 6, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Dandre Jones,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Albany County (Breslin, J.),rendered July 12, 2010, convicting defendant upon his plea of guilty of the crime of attemptedassault in the first degree.
Defendant was charged in an indictment with assault in the first degree, assault in the seconddegree and criminal possession of a weapon in the third degree. Pursuant to a negotiated pleaagreement, defendant pleaded guilty to a reduced count of attempted assault in the first degree infull satisfaction of the indictment and waived his right to appeal. County Court thereaftersentenced defendant, as a second felony offender, to the agreed-upon term of imprisonment ofnine years, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's failure to move to withdraw his plea or vacate the judgment ofconviction renders his challenge to the voluntariness and factual sufficiency of his pleaunpreserved for our review (see Peoplev Glynn, 73 AD3d 1290, 1291 [2010]; People v Johnson, 54 AD3d 1133, 1133 [2008]). Further, thenarrow exception to the preservation requirement is inapplicable here, inasmuch as defendant didnot make any statements during the plea allocution that cast doubt upon his guilt or otherwisecalled into question the voluntariness of his plea (see [*2]People v Smith, 81 AD3d1034, 1035 [2011], lv denied 16 NY3d 899 [2011]; People v Spears, 78 AD3d 1380,1380 [2010]). Finally, defendant's waiver of the right to appeal precludes his claim that thesentence imposed is harsh and excessive (see People v Tatum, 82 AD3d 1411, 1412 [2011], lv denied17 NY3d 810 [2011]).
Mercure, J.P., Malone Jr., Kavanagh and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.