| People v Ballard |
| 2013 NY Slip Op 08260 [112 AD3d 731] |
| December 11, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edward Ballard, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered June 5, 2012, convicting him of attempted criminal possession ofa controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently entered is unpreserved for appellate review, since he did not move towithdraw his plea on this ground prior to the imposition of sentence (see People v Phillip B., 111AD3d 649 [2d Dept 2013]; People v Gaines, 110 AD3d 1099 [2013]; People v Antoine, 59 AD3d560 [2009]; People vCastillo-Cordero, 54 AD3d 1054 [2008]; People v Bevins, 27 AD3d 572 [2006]; People v Martin, 7 AD3d640 [2004]). In any event, contrary to the defendant's contention, the recordestablishes that the defendant's plea of guilty was voluntarily, intelligently, andknowingly entered (see People v Fiumefreddo, 82 NY2d 536, 543 [1993];People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76NY2d 909, 910-911 [1990]; People v Harris, 61 NY2d 9, 16 [1983]; Peoplev Nixon, 21 NY2d 338 [1967]).
In addition, by failing to challenge the sufficiency of his factual allocution before theCounty Court, the defendant has not preserved this issue for appellate review (seePeople v Crespo, 153 AD2d 573 [1989]; People v Caban, 131 AD2d 863[1987]). In any event, "because the defendant pleaded guilty to a lesser crime than thecrimes charged in the indictment and since the allocution establishes that the defendantunderstood the charges against him, a factual basis for the plea was unnecessary" (People v McKenzie, 98 AD3d749, 750 [2012]; see People v Martin, 239 AD2d 436 [1997]). Mastro, J.P.,Balkin, Sgroi and Hinds-Radix, JJ., concur.