| People v Whitfield |
| 2012 NY Slip Op 02725 [94 AD3d 1238] |
| April 12, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v MichaelWhitfield, Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Garry, J. Appeal from a judgment of the Supreme Court (R. Sise, J.), rendered November 5,2010 in Schenectady County, convicting defendant upon his plea of guilty of the crime ofattempted criminal possession of a weapon in the second degree.
In November 2009, an 11-count indictment was handed up against defendant which included,among other things, multiple counts of criminal possession of a weapon. Ultimately, inNovember 2010, he pleaded guilty to one count of attempted criminal possession of a weapon inthe second degree, waived his right to appeal and was sentenced, pursuant to a plea agreement, totwo years in prison followed by three years of postrelease supervision. Defendant appeals and weaffirm.
Although defendant's challenge to the voluntariness of his plea survives his valid waiver ofappeal, it is unpreserved for this Court's review by his failure to move to withdraw his plea orvacate the judgment of conviction (seePeople v Martinez-Velazquez, 89 AD3d 1318, 1319 [2011]; People v Abrams, 75 AD3d 927,928 [2010], lv denied 15 NY3d 918 [2010]). Further, although defendant made passingreference to his purported dissatisfaction with counsel, he made no statements during the pleaallocution that raised doubts about his guilt or negated any material element of the crime, andthus the narrow exception to the preservation requirement does not apply (see People v Sherman, 91 AD3d982, 983 [2012]; People vCampbell, 89 AD3d 1279, [*2]1279 [2011]).
Mercure, J.P., Lahtinen, Spain and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.