| People v Millard |
| 2017 NY Slip Op 01030 [147 AD3d 1155] |
| February 9, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, v Edward A.Millard, Appellant. |
Sandra M. Colatosti, Albany, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Broome County (Cawley, J.),rendered January 10, 2012, convicting defendant upon his plea of guilty of the crime of criminalsexual act in the second degree.
Defendant waived indictment and pleaded guilty to a superior court information charginghim with criminal sexual act in the second degree. He was sentenced in accordance with the pleaagreement to six months in jail and 10 years of probation. Defendant appeals.
We affirm. Defendant's sole contention on appeal is that his plea was not knowing, voluntaryand intelligent because County Court did not inquire whether he was under the influence of drugsor alcohol during the plea colloquy. The record does not reflect that defendant made anypostallocution motion so as to preserve the issue for our review and, given that defendant madeno statements during the plea colloquy that were inconsistent with his guilt or the voluntarinessof his plea, the narrow exception to the preservation requirement is inapplicable (see People v DeAngelo, 136 AD3d1119, 1120 [2016]; People vBuie, 128 AD3d 1281, 1281 [2015]). In any event, nothing in the record suggests thatdefendant was under the influence of drugs or alcohol during the plea colloquy (see People vBuie, 128 AD3d at 1281).
Egan Jr., Rose, Devine and Aarons, JJ., concur. Ordered that the judgment is affirmed.