| People v Hart |
| 2014 NY Slip Op 01066 [114 AD3d 1273] |
| February 14, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Paris Hart, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.),rendered July 13, 2010. The judgment convicted defendant, upon his plea of guilty, ofmurder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of murder in the second degree (Penal Law § 125.25 [1]). Defendant failedto move to withdraw his plea or to vacate the judgment of conviction and thus failed topreserve for our review his contention that the plea allocution was factually insufficientbecause County Court did not obtain a waiver of two possible affirmative defenses, i.e.,mental disease or defect (seePeople v Cruz, 98 AD3d 1273, 1274 [2012], lv denied 20 NY3d 931[2012]; People v Diallo, 88AD3d 511, 511 [2011], lv denied 18 NY3d 882 [2012]; People v Trapp, 15 AD3d916, 916 [2005], lv denied 4 NY3d 891 [2005]), and extreme emotionaldisturbance (Penal Law § 125.25 [1] [a]). Nothing in the plea allocution raised thepossibility that such defenses are applicable in this case (cf. People v Mox, 20 NY3d936, 938 [2012]; People v Lopez, 71 NY2d 662, 666-668 [1988]; Peoplev Costanza, 244 AD2d 988, 989 [1997]), and defendant's contention therefore doesnot fall within the narrow exception to the preservation rule (see Lopez, 71NY2d at 666). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.