| People v Duggins |
| 2014 NY Slip Op 00912 [114 AD3d 1001] |
| February 13, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vRonald K. Duggins, Also Known as Chance, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Broome County (Smith, J.),rendered November 1, 2010, convicting defendant upon his plea of guilty of the crime ofcriminal possession of a weapon in the second degree.
Defendant and two others were charged in an indictment with various crimes afterthey were stopped by police while driving toward an armed confrontation with anotherman. In satisfaction of the charges against him, defendant pleaded guilty to one count ofcriminal possession of a weapon in the second degree. County Court imposed theagreed-upon sentence of 6½ years in prison, to be followed by five years ofpostrelease supervision. Defendant now appeals, contending that his guilty plea was notknowingly, voluntarily and intelligently entered due to County Court's failure to explorepotential intoxication and temporary innocent possession defenses during the pleacolloquy.
We disagree and affirm. The record does not reflect that defendant moved towithdraw his plea or to vacate the judgment of conviction and, accordingly, hisarguments are unpreserved for our review (see People v Pearson, 110 AD3d 1116, 1116 [2013]; People v English, 100 AD3d1147, 1148 [2012]). In any case, while defendant stated that he had been drinking onthe night in question, his recollection during the plea colloquy was detailed andthorough, and he [*2]said nothing that would havewarranted further inquiry by County Court (see People v Kendall, 91 AD3d 1191, 1193 [2012];People v Beach, 306 AD2d 753, 754 [2003]). Defendant further admitted toconcealing the loaded handgun at issue when the vehicle in which he was traveling wasstopped by police, thus negating any potential temporary innocent possession defense(see People v Banks, 76 NY2d 799, 801 [1990]; People v Curry, 85 AD3d1209, 1211 [2011], lv denied 17 NY3d 815 [2011]).
Peters, P.J., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.