| People v McCracken |
| 2016 NY Slip Op 03198 [138 AD3d 1147] |
| April 27, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Isiah J. McCracken, Appellant. |
Steven A. Feldman, Uniondale, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kristen A. Rappleyea ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Forman, J.), rendered February 26, 2015, convicting him of criminal possession of acontrolled substance in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty was coerced by the County Courtbecause it participated in the plea negotiations is unpreserved for appellate review, sincehe did not move to withdraw his plea or otherwise raise this issue before the CountyCourt (see People v Lopez,109 AD3d 1007, 1007 [2013]; People v Leshore, 106 AD3d 836, 836 [2013]; People v Lopez, 34 AD3d599, 599 [2006]). In any event, the defendant's claim is belied by the record, whichreveals that the defendant acknowledged under oath that nobody was forcing,threatening, or coercing him to plead guilty and he was pleading guilty of his own freewill (see People v Tavares,103 AD3d 820, 821 [2013]; People v Martinez, 78 AD3d 966, 967 [2010]; People v Perez, 51 AD3d1043, 1043 [2008]). The fact that the County Court participated in the pleanegotiations, without more, does not establish that the plea was coerced (see People v Scannell, 134AD3d 738, 738 [2015]; McMahon v Hodges, 382 F3d 284, 289 n 5 [2004];Damiano v Gaughan, 770 F2d 1, 2 [1985]; Frank v Blackburn, 646 F2d873, 882 [1980]; Toler v Wyrick, 563 F2d 372, 374 [8th Cir 1977]). Chambers,J.P., Austin, Roman and Duffy, JJ., concur.