| People v Marco A.C. |
| 2014 NY Slip Op 01888 [115 AD3d 1219] |
| March 21, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v MarcoA.C., Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from an adjudication of the Orleans County Court (James P. Punch, J.),rendered April 16, 2012. Defendant was adjudicated a youthful offender upon his plea ofguilty of attempted burglary in the second degree.
It is hereby ordered that the adjudication so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a youthful offender adjudication convictinghim, upon his plea of guilty, of attempted burglary in the second degree (Penal Law§§ 110.00, 140.25 [2]). Defendant's contention regarding the voluntarinessof his plea is not preserved for our review because he did not move to withdraw his pleaor to vacate the adjudication on that ground (see People v Rosado, 70 AD3d 1315, 1315-1316 [2010],lv denied 14 NY3d 892 [2010]). Contrary to defendant's contention, this casedoes not fall within the rare exception to the preservation requirement because nothing inthe plea allocution calls into question the voluntariness of the plea or casts "significantdoubt" upon his guilt (People v Lopez, 71 NY2d 662, 666 [1988]; see People v Cubi, 104 AD3d1225, 1226 [2013], lv denied 21 NY3d 1003 [2013]).
Defendant failed to preserve for our review his contention that County Court erred inordering restitution without conducting a hearing (see People v Robinson, 112 AD3d 1349, 1350 [2013]; People v Baker, 57 AD3d1500, 1500 [2008]), and we decline to exercise our power to review that contentionas a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]). To theextent that defendant's contention that he was denied effective assistance of counselsurvives his plea of guilty (seePeople v Robinson, 39 AD3d 1266, 1267 [2007], lv denied 9 NY3d 869[2007]), we reject that contention. The record establishes that defendant received "anadvantageous plea and nothing in the record casts doubt on the apparent effectiveness ofcounsel" (People v Ford, 86 NY2d 397, 404 [1995]). Present—Smith, J.P.,Fahey, Carni, Sconiers and Valentino, JJ.