| People v Duchatellier |
| 2016 NY Slip Op 02850 [138 AD3d 887] |
| April 13, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Peterson W. Duchatellier, Appellant. |
Bruce A. Petito, Poughkeepsie, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Elizabeth L. Schulz andAndrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 19, 2014, convicting him of assault in the first 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 knowingly, voluntarily, andintelligently entered is unpreserved for appellate review, since he did not move towithdraw his plea on this ground prior to the imposition of sentence (see CPL220.60 [3]; People v Clarke, 93 NY2d 904, 906 [1999]; People v Andrea, 98 AD3d627 [2012]). Contrary to the defendant's contention, the exception to thepreservation requirement does not apply here because the defendant's plea allocution didnot cast significant doubt upon his guilt, negate an essential element of the crime, or callinto question the voluntariness of the plea (see People v Lopez, 71 NY2d 662,666 [1988]; People vGibson, 95 AD3d 1033 [2012]).
The defendant's contentions regarding the factual sufficiency of the plea allocutionand the excessiveness of his sentence are precluded by his valid waiver of the right toappeal (see People vSanders, 25 NY3d 337, 340-341 [2015]; People v Ramos, 7 NY3d 737 [2006]; People v Crews, 92 AD3d795 [2012]; People vHardee, 84 AD3d 835 [2011]). The defendant's contention regarding theevidence presented before the grand jury is precluded both by his plea of guilty (see People v Konieczny, 2NY3d 569, 572 [2004]; People v Hansen, 95 NY2d 227, 233 [2000]; People v Woods, 115 AD3d997 [2014]) and his valid waiver of the right to appeal (see People v Guerrero, 126AD3d 613, 614 [2015]; People v Howard, 119 AD3d 1090, 1091 [2014]).Leventhal, J.P., Sgroi, Hinds-Radix and Maltese, JJ., concur.