| People v Hankerson |
| 2017 NY Slip Op 01027 [147 AD3d 1153] |
| February 9, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Tyree I.Hankerson, Appellant. |
Torrance L. Schmitz, Vestal, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), forrespondent.
Garry, J.P. Appeal from a judgment of the County Court of Broome County (Cawley, J.),rendered December 19, 2013, convicting defendant upon his plea of guilty of the crime of rape inthe third degree.
Defendant waived indictment and pleaded guilty to rape in the third degree as charged in asuperior court information. County Court thereafter sentenced him to 10 years of probation.Defendant appeals.
Defendant's challenge to the voluntariness and factual sufficiency of his plea is unpreservedfor our review in the absence of an appropriate postallocution motion (see People v Williams, 27 NY3d212, 219-220 [2016]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Larock, 139 AD3d 1241,1242 [2016], lv denied 28 NY3d 932 [2016]). Moreover, defendant did not make anystatements during the plea allocution that were inconsistent with his guilt or otherwise called intoquestion the voluntariness of his plea so as to trigger the narrow exception to the preservationrule (see People v Forest, 141 AD3d967, 968-969 [2016]; People vMann, 140 AD3d 1532, 1533 [2016]). To the extent that defendant claims that he wasdenied the effective assistance of counsel, the claim implicates the voluntariness of the plea andis likewise unpreserved for our review for the reasons noted above (see People v Lloyd, 142 AD3d1250, 1251 [2016], lv denied 28 NY3d 1073 [2016]; People v Dobbs, 138 AD3d 1352,1353 [2016], lv denied 28 NY3d 929 [2016]).
[*2] Rose, Devine, Clark and Mulvey, JJ., concur. Ordered thatthe judgment is affirmed.