| People v Hall |
| 2011 NY Slip Op 08505 [89 AD3d 1323] |
| November 23, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Timothy Hall,Appellant. |
—[*1] Terry J. Wilhelm, District Attorney, Catskill (Danielle D. McIntosh of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Greene County (Lalor, J.), renderedFebruary 23, 2010, convicting defendant upon his plea of guilty of the crime of burglary in the firstdegree.
Defendant pleaded guilty to burglary in the first degree in full satisfaction of a 22-count indictmentfiled against him in connection with a home invasion in the Town of Catskill, Greene County. Pursuantto the negotiated plea agreement, defendant was sentenced to 8½ years in prison followed by fiveyears of postrelease supervision. Defendant now appeals.
Inasmuch as defendant's claim that his guilty plea was induced by an unfulfilled promise implicatesthe voluntariness of his plea, it is not precluded by defendant's valid appeal waiver (see People v Jones, 77 AD3d 1178,1178 [2010], lv denied 16 NY3d 832 [2011]). However, defendant failed to preserve theargument by moving to withdraw his plea or vacate the judgment of conviction (see People vJones, 77 AD3d at 1178; People vOliver, 26 AD3d 675, 676 [2006], lv denied 7 NY3d 760 [2006]; People v Parsons, 3 AD3d 790, 791[2004]).
To the extent that defendant's claim of ineffective assistance of counsel also implicates thevoluntariness of his plea, it is similarly unpreserved. Furthermore, the narrow exception to thepreservation rule is inapplicable here, inasmuch as defendant did not make any statements [*2]during the plea allocution that cast significant doubt on his guilt or tendedto negate a material element of the crime (seePeople v Gantt, 84 AD3d 1642, 1643 [2011]).
Spain, J.P., Rose, Kavanagh and Garry, JJ., concur. Ordered that the judgment is affirmed.