| People v Anlyan |
| 2016 NY Slip Op 05867 [142 AD3d 670] |
| August 24, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jeffrey S. Anlyan, Appellant. |
Andrew E. MacAskill, Westbury, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and W. ThomasHughes of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Honorof, J.), rendered March 26, 2014, convicting him of arson in the third degree andcriminal contempt in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of the plea allocution isunpreserved for appellate review (see People v Davis, 24 NY3d 1012, 1013 [2014];People v Lopez, 71 NY2d 662, 665 [1988]). Contrary to the defendant'scontention, the exception to the preservation requirement does not apply here, becausethe plea allocution did not cast significant doubt on the defendant's guilt, negate anessential element of the crime, or call into question the voluntariness of the plea (seePeople v Davis, 24 NY3d at 1013; People v Lopez, 71 NY2d at 666). In anyevent, the plea allocution was sufficient, as it showed that the defendant understood thecharges and made an intelligent decision to accept the plea (see People v Goldstein, 12NY3d 295, 301 [2009]; People v Seeber, 4 NY3d 780, 781 [2005]).
Contrary to the defendant's contention, his valid waiver of his right to appealforecloses appellate review of his challenge to the hearing court's suppressiondetermination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Nelson, 137 AD3d948 [2016]). Chambers, J.P., Dickerson, Duffy and LaSalle, JJ., concur.