| People v Cajigas |
| 2014 NY Slip Op 08877 [123 AD3d 1299] |
| December 18, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vHeriberto A. Cajigas, Appellant. |
Albert F. Lawrence, Greenfield Center, for appellant.
Mary E. Rain, District Attorney, Canton (Patricia C. Campbell, Syracuse, ofcounsel), for respondent.
Garry, J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered November 9, 2012, convicting defendant upon his plea of guiltyof the crime of driving while intoxicated.
In full satisfaction of an indictment and an uncharged crime, defendant pleadedguilty to driving while intoxicated and waived his right to appeal. Pursuant to the pleaagreement, County Court thereafter sentenced defendant to a prison term of1
We affirm. While defendant's challenge to the voluntariness of his plea survives hiswaiver of the right to appeal, the issue is unpreserved for our review as the record doesnot reveal that he made an appropriate postallocution motion (see People v Fate, 117 AD3d1327, 1328 [2014]; Peoplev Trombley, 115 AD3d 1114, 1114 [2014], lv denied 23 NY3d 1068[2014]). Moreover, the narrow exception to the preservation requirement was notimplicated, as defendant did not make any statements during the plea colloquy that castdoubt on his guilt or otherwise called into question the voluntariness of his plea (see People v Griffin, 117AD3d 1339 [2014]; Peoplev O'Neill, 116 AD3d 1240, 1241 [2014]). Contrary to defendant's contention,County Court did not err in imposing the conditional discharge to run consecutively tohis prison sentence (see Penal Law § 60.21; People v O'Brien, 111 AD3d1028, 1029 [2013]).
[*2] McCarthy,J.P., Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed.