| People v Allen |
| 2016 NY Slip Op 02242 [137 AD3d 1719] |
| March 25, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Gerard Allen, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.),rendered November 7, 2012. The judgment convicted defendant, upon his plea of guilty,of robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofrobbery in the first degree (Penal Law § 160.15 [4]), defendant contendsthat his plea was not voluntarily, knowingly, and intelligently entered because a potentialdefense was raised prior to the plea proceeding. Defendant failed to preserve thatcontention for our review because he did not move to withdraw his plea or to vacate thejudgment of conviction, and this case does not fall within the rare exception to thepreservation requirement set forth in People v Lopez (71 NY2d 662, 666 [1988])inasmuch as nothing in the plea colloquy calls into question the voluntariness of the pleaor casts significant doubt on defendant's guilt (see People v Wilson, 115 AD3d 1229, 1229 [2014], lvdenied 23 NY3d 969 [2014]). To the extent that defendant contends that thepotential defense was raised in the presentence report, defendant likewise failed topreserve that contention for our review (see People v Young, 281 AD2d 950, 950[2001], lv denied 96 NY2d 909 [2001]). Contrary to defendant's furthercontention, the sentence is not unduly harsh or severe. Present—Peradotto, J.P.,Lindley, DeJoseph, Curran and Scudder, JJ.