| People v Dejesus |
| 2017 NY Slip Op 00215 [146 AD3d 1077] |
| January 12, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Wilfredo Dejesus, Appellant. |
Thuillez, Ford, Gold, Butler & Monroe, LLP, Albany (Kelly M. Monroe ofcounsel), for appellant.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the Supreme Court (Breslin, J.), renderedMay 8, 2013 in Albany County, convicting defendant upon his plea of guilty of the crimeof burglary in the second degree.
In satisfaction of a 12-count indictment, defendant pleaded guilty to the reducedcharge of burglary in the second degree and waived his right to appeal. He was sentencedin accordance with the plea agreement to a prison term of six years followed by fiveyears of postrelease supervision. Defendant appeals.
Defendant's sole contention is that his plea was factually deficient in that it failed toestablish the element of intent necessary for a conviction of burglary in the seconddegree. Defendant's challenge to the factual sufficiency of the plea is precluded by hiswaiver of the right to appeal, which we find was knowingly, voluntarily and intelligentlyentered (see People vZakrzewski, 140 AD3d 1536, 1537 [2016]; People v Devault, 124 AD3d 1140, 1141 [2015], lvdenied 25 NY3d 989 [2015]; People v Reynolds, 117 AD3d 1196, 1197 [2014]).Moreover, the issue is not preserved for our review as the record does not reflect thatdefendant made any postallocution motion to withdraw his plea, and no statements madeduring the plea colloquy warrant the application of the narrow exception to thepreservation requirement (see People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Butler, 134 AD3d1349, 1350 [2015], lv denied 27 NY3d 963 [2016]; People v Mayo, 130 AD3d1099, 1100 [2015]).
[*2] Garry, Rose,Devine and Mulvey, JJ., concur. Ordered that the judgment is affirmed.