| People v Boyd |
| 2012 NY Slip Op 08965 [101 AD3d 1683] |
| December 21, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Donique Boyd,Appellant. |
—[*1] Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered December19, 2008. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of rape inthe first degree (Penal Law § 130.35 [1]). "Although the contention of defendant that he wascoerced into pleading guilty and thus that the plea was not voluntarily entered survives the waiver of theright to appeal, defendant did not move to withdraw the plea or to vacate the judgment of convictionand thus failed to preserve that contention for our review" (People v Russell, 55 AD3d 1314, 1314-1315 [2008], lv denied11 NY3d 930 [2009]; see People v Ali, 96 NY2d 840, 841 [2001], revg 277 AD2d138 [2000]; People v Jackson, 90AD3d 1692, 1693 [2011], lv denied 18 NY3d 958 [2012]; People v Dozier, 59 AD3d 987,987-988 [2009], lv denied 12 NY3d 815 [2009]). In any event, defendant's contention lacksmerit. While we agree with defendant that it would have been impermissibly coercive for County Courtto inform him that it would impose the maximum sentence if defendant chose to go to trial rather than toenter a plea (see e.g. People v Flinn, 60AD3d 1304, 1305 [2009]; People v Stevens, 298 AD2d 267, 268 [2002], lvdismissed 99 NY2d 585 [2003]), here the court merely informed defendant that he could "face" 25years in state prison were he to be convicted after trial. We thus conclude that "the court's statementwas a proper explanation of defendant's sentence exposure in the event that defendant chose not toplead guilty" (Dozier, 59 AD3d at 988; see Jackson, 90 AD3d at 1693; People v Bravo, 72 AD3d 697, 698[2010], lv denied 15 NY3d 747 [2010]; People v Boyde, 71 AD3d 1442, 1443 [2010], lv denied 15NY3d747 [2010]). Present—Scudder, P.J., Centra, Fahey, Carni and Valentino, JJ.