| People v Laney |
| 2014 NY Slip Op 03115 [117 AD3d 1481] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vMark Laney, Appellant. |
Joseph T. Jarzembek, Buffalo, for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Genesee County (Eric R. Adams,A.J.), rendered February 29, 2012. The judgment convicted defendant, upon his plea ofguilty, of criminal contempt in the second degree.
It is hereby ordered that said appeal from the judgment insofar as it imposed asentence of incarceration is unanimously dismissed and the judgment is otherwiseaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal contempt in the second degree (Penal Law § 215.50 [3]).Defendant's contention that his plea was not knowingly, voluntarily and intelligentlyentered is unpreserved for our review because defendant did not move to withdraw theplea or to vacate the judgment of conviction (see People v Davis, 45 AD3d 1357, 1357-1358 [2007],lv denied 9 NY3d 1005 [2007]). This case does not fall within the rare exceptionto the preservation requirement set forth in People v Lopez (71 NY2d 662, 666[1988]), "inasmuch as nothing in the plea colloquy casts significant doubt on defendant'sguilt or the voluntariness of the plea" (People v Lewandowski, 82 AD3d 1602, 1602 [2011]). Inany event, there is no merit to defendant's contention.
We dismiss the appeal to the extent that defendant challenges the severity of thesentence inasmuch as he has completed serving his sentence, and that part of the appealtherefore is moot (see People vPratchett, 90 AD3d 1678, 1679 [2011], lv denied 18 NY3d 997 [2012];People v Mackey, 79 AD3d1680, 1681 [2010], lv denied 16 NY3d 860 [2011]). Present—Centra,J.P., Fahey, Peradotto, Lindley and Valentino, JJ.