| People v MacDonald |
| 2014 NY Slip Op 00389 [113 AD3d 968] |
| January 23, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JohnF. MacDonald, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Brian Leeds of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the County Court of Broome County(Cawley, J.), rendered August 30, 2011, convicting defendant upon his plea of guilty ofthe crime of burglary in the third degree (two counts).
In satisfaction of a six-count indictment and other pending misdemeanor charges,defendant pleaded guilty to two counts of burglary in the third degree and was sentencedas a second felony offender to 2 to 4 years in prison on each count, the sentences to runconcurrently with each other and with the sentences imposed in another case. On thisappeal, he challenges the factual sufficiency of his plea allocution. However, he hasfailed to establish that his argument has been preserved for our review by a motion towithdraw his plea or vacate his judgment of conviction (see People v Lopez, 71NY2d 662, 665 [1988]; Peoplev Johnson, 54 AD3d 1133, 1133 [2008]). Nor does the narrow exception to thepreservation requirement apply, as defendant made no statements during the pleaallocution that cast doubt upon his guilt or the voluntariness of his plea, or negated amaterial element of the crime (see People v Lopez, 71 NY2d at 666; People vJohnson, 54 AD3d at 1133). Contrary to defendant's assertion, County Court was notrequired to "elicit from . . . defendant specific admissions as to eachelement of the charged crime[s]" (People v Goldstein, 12 NY3d 295, 301 [2009]; seePeople v Lopez, 71 NY2d at 666 n 2).[*2]
Peters, P.J., Stein and Egan Jr., JJ., concur.Ordered that the judgment is affirmed.