| People v Jerome |
| 2013 NY Slip Op 06385 [110 AD3d 739] |
| October 2, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Richard Jerome, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Sarah Rabinowitz and CourtneyWeinberger of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Ayres, J.), rendered December 7, 2007, convicting him of attempted murder in thesecond degree, upon his plea of guilty, and imposing sentence, including restitution inthe sum of $11,194.
Ordered that the judgment is affirmed.
The defendant's claim that his plea was not knowing, voluntary, and intelligent is notpreserved for appellate review inasmuch as he did not move to withdraw his plea(see CPL 220.60 [3]; People v Hernandez-Bautista, 89 AD3d 749 [2011]). Thispreservation requirement is excused only in the rare case when the plea colloquy itselfcasts "significant doubt" on the defendant's guilt or otherwise calls into question thevoluntariness of the plea (People v Lopez, 71 NY2d 662, 666 [1988]; People v Rojas, 74 AD3d1369, 1369 [2010] [internal quotation marks omitted]). Here, the record does notcast significant doubt on the defendant's guilt or otherwise call into question thevoluntariness of his plea (see People v Rojas, 74 AD3d at 1369).
The defendant asserts that the Court erred in imposing restitution as part of thesentence, and requests that the restitution component of the sentence be vacated. Thedefendant's contentions are unpreserved for appellate review (see People v Thompson, 105AD3d 1067 [2013]; Peoplev Fields, 101 AD3d 1043 [2012]). The defendant does not contend that his pleaof guilty was rendered involuntary or unknowing due to any failure to advise him aboutrestitution at the plea proceeding, and he does not seek to withdraw his plea on thatground. Thus, the defendant is not excused from the preservation requirement due to anylack of opportunity at the sentencing proceeding to move to withdraw his plea (see People v McAlpin, 17NY3d 936 [2011]; People vLouree, 8 NY3d 541, 545-546 [2007]). We decline to exercise our interest ofjustice jurisdiction to review the defendant's contentions regarding the imposition ofrestitution. Rivera, J.P., Roman, Sgroi and Cohen, JJ., concur.