| People v Sanat |
| 2013 NY Slip Op 05244 [108 AD3d 872] |
| July 11, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RezaSanat, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
McCarthy, J. Appeal from a judgment of the County Court of Ulster County(Williams, J.), rendered May 18, 2011, convicting defendant upon his plea of guilty ofthe crime of burglary in the third degree.
In satisfaction of a multicount indictment, defendant pleaded guilty to burglary in thethird degree and, thereafter, was sentenced in accordance with the plea agreement. Thisappeal ensued.
As the record does not indicate that defendant moved to withdraw his plea or vacatethe judgment of conviction, his challenge to the voluntariness and factual sufficiency ofhis plea are not preserved for our review (see People v Morgan, 84 AD3d 1594, 1594 [2011], lvdenied 17 NY3d 819 [2011]; People v Smith, 57 AD3d 1237, 1237 [2008]).Furthermore, nothing in the record casts significant doubt on defendant's guilt or negatesan essential element of the crime so as to warrant the application of the narrow exceptionto the preservation rule (seePeople v Thompson, 70 AD3d 1123, 1123 [2010]), and defendant "was notrequired to recite the elements of his crime or engage in a factual exposition, as hisunequivocal affirmative responses to County Court's questions were sufficient toestablish the elements of the crime charged" (People v Board, 75 AD3d 833, 834 [2010]).[*2]
Peters, P.J., Lahtinen and Garry, JJ., concur.Ordered that the judgment is affirmed.