| People v Fisher |
| 2014 NY Slip Op 05351 [119 AD3d 813] |
| July 16, 2014 |
| Appellate Division, Second Department |
[*1]
| 1 The People of the State of New York,Respondent, v Garen A. Fisher, Appellant. |
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), forappellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered September 4, 2012, convicting him of criminal possession of acontrolled substance in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution isunpreserved for appellate review since the defendant failed to move to withdraw his plea(see People v Lopez, 71 NY2d 662, 665 [1988]; People v Terry, 115 AD3d683, 684 [2014]). Moreover, contrary to the defendant's contention, the exception tothe preservation requirement does not apply here because the defendant's allocution didnot cast significant doubt on his guilt, negate an essential element of the crime, or callinto question the voluntariness of his plea (see People v Lopez, 71 NY2d at 666;People v Wilson, 111 AD3d969, 970 [2013]; People v Coats, 195 AD2d 519 [1993]). In any event, thefacts admitted by the defendant during his plea allocution were sufficient to support hisplea of guilty to criminal possession of a controlled substance in the third degree(see Penal Law § 220.16 [1]; People v Wilson, 111 AD3d at970).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Hall, Miller and Hinds-Radix, JJ., concur.