| People v Alexander |
| 2015 NY Slip Op 07410 [132 AD3d 1412] |
| October 9, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Jason R. Alexander, Appellant. |
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), fordefendant-appellant.
David W. Foley, District Attorney, Mayville (Andrew M. Molitor of counsel), forrespondent.
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.),rendered October 7, 2013. The judgment convicted defendant, upon his plea of guilty, ofcourse of sexual conduct against a child in the first degree (two counts) and course ofsexual conduct against a child in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his guilty plea of,inter alia, two counts of course of sexual conduct against a child in the first degree (PenalLaw § 130.75 [1] [a]), defendant contends that his guilty plea was notknowingly and voluntarily entered. Defendant failed to preserve his contention for ourreview because he failed to move to withdraw the plea or to vacate the judgment ofconviction (see People vLaney, 117 AD3d 1481, 1482 [2014]). This case does not fall within the rareexception to the preservation requirement set forth in People v Lopez (71 NY2d662, 666 [1988]), " 'inasmuch as nothing in the plea colloquy casts significantdoubt on defendant's guilt or the voluntariness of the plea' " (Laney, 117AD3d at 1482).
Defendant failed to preserve for our review his contention that County Court shouldhave assigned defendant substitute counsel before proceeding to sentencing, inasmuch asthe record indicates that defendant never requested new counsel (see People v Johnson, 94AD3d 1496, 1496-1497 [2012], affd 20 NY3d 990 [2012]; seegenerally CPL 470.05 [2]). We decline to exercise our power to review thatcontention as a matter of discretion in the interest of justice (see CPL 470.15 [3][c]). Finally, the sentence is not unduly harsh or severe. Present—Smith, J.P.,Centra, Valentino, Whalen and DeJoseph, JJ.