| People v Castro |
| 2013 NY Slip Op 00283 [102 AD3d 546] |
| January 22, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Marc Castro, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (David E.A. Crowley of counsel),for respondent.
Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), renderedOctober 28, 2010, convicting defendant, upon his plea of guilty, of grand larceny in thefourth degree, and sentencing him, as a second felony offender, to a term of 1½ to3 years, unanimously affirmed.
Since defendant did not move to withdraw his plea, and since this case does notcome within the narrow exception to the preservation requirement (see People vLopez, 71 NY2d 662 [1988]), his challenge to the plea is unpreserved and wedecline to review it in the interest of justice. As an alternative holding, we also reject iton the merits. At the plea allocution, defendant expressly admitted every element of thecrime to which he was pleading guilty, including the fact that the stolen property was acredit card. The sentencing court was under no obligation to ask defendant about hispostplea statement, reflected in the presentence report, that allegedly raised an issueabout the nature of the stolen property (see e.g. People v Espinal, 99 AD3d 435 [1st Dept2012]; People v Pantoja, 281 AD2d 245 [1st Dept 2001], lv denied 96NY2d 905 [2001]). Moreover, defendant's statement to the probation officer did notcontradict the plea allocution or negate any element of the crime.Concur—Friedman, J.P., Renwick, Manzanet-Daniels, Román and Clark,JJ.