| People v Davis |
| 2014 NY Slip Op 00678 [114 AD3d 697] |
| February 5, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tyrone Davis, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Toomey, Jr., J.), rendered March 5, 2012, convicting him of attempted burglary in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the plea allocution omitted the intent element ofattempted burglary in the third degree is unpreserved for appellate review, because thedefendant never moved to withdraw his plea of guilty (see People v Pryor, 11 AD3d565 [2004]). In any event, the defendant's plea allocution was proper. The recordestablishes that there was a sufficient factual basis for the plea and that the defendantunderstood the charges against him (see People v Seeber, 4 NY3d 780, 781-782 [2005];People v Moore, 71 NY2d 1002, 1005 [1988]). Accordingly, the County Courtproperly accepted the plea. Dillon, J.P., Balkin, Leventhal and Chambers, JJ., concur.