| People v McGowan |
| 2012 NY Slip Op 06329 [98 AD3d 1192] |
| September 27, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jason P.McGowan, Appellant. |
—[*1] Weeden A. Wetmore, District Attorney, Elmira (John M. Tuppen of counsel), forrespondent.
Lahtinen, J.P. Appeal from a judgment of the County Court of Chemung County (Hayden,J.), rendered April 1, 2011, convicting defendant upon his plea of guilty of the crime of criminalpossession of a forged instrument in the first degree.
Defendant pleaded guilty to criminal possession of a forged instrument in the first degree infull satisfaction of a 13-count indictment. He was thereafter sentenced, as a second felonyoffender, to 3 to 6 years in prison and ordered to pay restitution. Defendant now appeals and weaffirm.
As the record before us indicates that defendant has failed to either move to withdraw hisplea or vacate the judgment of conviction, defendant's contentions that his guilty plea was notentered into voluntarily, knowingly and intelligently and that he was denied the effectiveassistance of counsel are not preserved for our review (see People v Burnett, 93 AD3d 993, 993 [2012]; People v Campbell, 89 AD3d1279, 1279 [2011]). Moreover, regarding his plea, contrary to defendant's contention, thenarrow exception to the preservation rule is inapplicable here as defendant did not make anystatements during the allocution that were inconsistent with his guilt or otherwise called intoquestion the voluntariness of his plea (see People v Mattison, 94 [*2]AD3d 1157, 1158 [2012]; People v Coons, 73 AD3d 1343, 1344 [2010], lv denied 15NY3d 803 [2010]). Defendant's remaining claims, including those raised in his supplemental prose brief, have been examined and found to be without merit.
Malone Jr., Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.