| People v Brinson |
| 2015 NY Slip Op 05837 [130 AD3d 1493] |
| July 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vChristopher T. Brinson, Jr., Appellant. |
Leanne Lapp, Public Defender, Canandaigua (Cara A. Waldman of counsel), fordefendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (Jason A. Macbride of counsel),for respondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), renderedSeptember 11, 2013. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a controlled substance in the third degree and unlawful possessionof marihuana.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of, inter alia, criminal possession of a controlled substance in the third degree(Penal Law § 220.16 [1]). Defendant did not move to withdraw the plea orto vacate the judgment of conviction, and he therefore failed to preserve for our reviewhis contention that he did not knowingly, voluntarily and intelligently enter the plea (see People v Davis, 45 AD3d1357, 1357-1358 [2007], lv denied 9 NY3d 1005 [2007]). Furthermore,"inasmuch as nothing in the plea colloquy casts significant doubt on defendant's guilt orthe voluntariness of the plea" (People v Lewandowski, 82 AD3d 1602, 1602 [2011]), thiscase does not fall within the rare exception to the preservation requirement set forth inPeople v Lopez (71 NY2d 662, 666 [1988]). In any event, defendant's contentionis without merit (see People vSmith, 37 AD3d 1141, 1142 [2007], lv denied 9 NY3d 851 [2007],reconsideration denied 9 NY3d 926 [2007]).
Finally, the sentence is not unduly harsh or severe. Present—Smith, J.P.,Peradotto, Sconiers, Valentino and DeJoseph, JJ.