| People v Youngblood |
| 2013 NY Slip Op 04375 [107 AD3d 1159] |
| June 13, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Kenneth Youngblood, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Jonathan L. Becker of counsel), forrespondent.
Lahtinen, J.P. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered December 12, 2011, convicting defendant upon his plea of guiltyof the crime of attempted promoting prison contraband in the first degree.
Defendant, a prison inmate, was charged in an indictment with promoting prisoncontraband in the first degree after a makeshift metal weapon was found secreted in hisshoe. He thereafter pleaded guilty to attempted promoting prison contraband in the firstdegree and waived his right to appeal. In accordance with the plea agreement, defendantwas sentenced to a prison term of 1½ to 3 years. He now appeals.
The record does not reflect that defendant moved to withdraw his plea or to vacatethe judgment of conviction and, indeed, he declined an opportunity to withdraw his pleaat sentencing. His challenge to the sufficiency of the plea allocution is accordinglyunpreserved for our review and we do not view this case as falling within the narrowexception to the preservation rule (see People v McNair, 13 NY3d 821, 822 [2009]; People v Steed, 17 AD3d928, 929 [2005], lv denied 5 NY3d 770 [2005]; see also People vSardinas 159 AD2d 963, 963 [1990], lv denied 76 NY2d 742 [1990]).Regardless, the record demonstrates that County Court explored defendant's doubts as towhether he knowingly possessed the item and confirmed that [*2]his decision to plead guilty was a knowing and voluntaryone (see People v Ferro,101 AD3d 1243, 1244 [2012], lv denied 20 NY3d 1098 [2013]; People vTavares, 282 AD2d 880, 881 [2001], lv denied 96 NY2d 868 [2001]; cf. People v Hill, 16 NY3d811, 813-814 [2011]).
While defendant's contention that he received the ineffective assistance of counselarguably survives even a valid appeal waiver, it is unpreserved for our review given hisfailure to move to withdraw his guilty plea or vacate the judgment of conviction (see People v Walton, 101AD3d 1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]; People v Aitken, 101 AD3d1383, 1384 [2012]). We would, regardless, conclude upon the record before us thatdefendant was afforded meaningful representation (see People v Trombley, 91 AD3d 1197, 1200-1201 [2012];People v Herringshaw, 83AD3d 1133, 1134 [2011]).
Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.