| People v Sanchez |
| 2014 NY Slip Op 07521 [122 AD3d 646] |
| November 5, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Noel Sanchez, Appellant. |
Andrew E. MacAskill, Westbury, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Sarah S. Rabinowitz andRebecca L. Abensur of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Berkowitz, J.), rendered June 20, 2012, convicting him of attempted burglary in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, orintelligent because the allocution was factually insufficient is unpreserved for appellatereview, since he did not move to withdraw his plea (see People v Lopez, 71NY2d 662, 665 [1988]; Peoplev Fisher, 119 AD3d 813 [2014]). Moreover, contrary to the defendant'scontention, the exception to the preservation requirement does not apply here because thedefendant's plea allocution did not cast significant doubt on his guilt, negate an essentialelement of the crime, or call into question the voluntariness of his plea (see People vLopez, 71 NY2d at 666; People v McClinton, 118 AD3d 915 [2014]). In any event,nothing in the record of the plea allocution called into question the voluntary, knowing,and intelligent nature of the defendant's plea (see People v Seeber, 4 NY3d 780, 781 [2005]; People v McKenzie, 98 AD3d749, 750 [2012]; People vJohnson, 73 AD3d 951 [2010]; People v Winbush, 199 AD2d 447, 448[1993]). Furthermore, because the defendant pleaded guilty to a lesser crime than thefelony charged in the indictment, and since the allocution establishes that the defendantunderstood the charges against him, a factual basis for the plea was unnecessary (see People v Ballard, 112AD3d 731, 732 [2013]; People v McKenzie, 98 AD3d at 750).
The defendant was not deprived of the effective assistance of counsel (see Peoplev Benevento, 91 NY2d 708, 712-713 [1998]; People v Baldi, 54 NY2d 137,147 [1981]). Mastro, J.P., Skelos, Roman and Maltese, JJ., concur.