| People v Rodriguez |
| 2017 NY Slip Op 07010 [154 AD3d 1013] |
| October 5, 2017 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Ruben Rodriguez, Appellant. |
Theodore J. Stein, Woodstock, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), forrespondent.
McCarthy, J.P. Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered July 30, 2015, convicting defendant upon his plea of guilty of the crime of burglary inthe first degree.
In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the firstdegree and waived his right to appeal. In accordance with the terms of the plea agreement, he wassentenced as a second felony offender to 16 years in prison to be followed by five years ofpostrelease supervision. Defendant now appeals.
Defendant contends that his conviction is against the weight of the evidence because therewas no proof that he entered a dwelling armed with a deadly weapon. Inasmuch as defendant'sconviction was the result of a guilty plea and not a trial, he is essentially challenging the factualsufficiency of the plea allocution. He is, however, precluded from doing so by his valid waiver ofthe right to appeal (see People vZakrzewski, 140 AD3d 1536, 1537 [2016]; People v Blair, 140 AD3d 1478, 1479 [2016], lv denied 28NY3d 927 [2016]). In addition, his claim has not been preserved for our review as the recorddoes not disclose that he made an appropriate postallocution motion, and the exception to thepreservation requirement is inapplicable given that defendant did not make any statements thatcast doubt upon his guilt (see People v Blair, 140 AD3d at 1479; People v Larock, 139 AD3d 1241,1242 [2016], lv denied 28 NY3d 932 [2016]). Finally, defendant's [*2]contention is belied by the record as he admitted during the pleacolloquy that he unlawfully entered a dwelling and possessed a loaded gun at the time of thecrime. Therefore, the judgment must be affirmed.
Egan Jr., Lynch, Devine and Pritzker, JJ., concur. Ordered that the judgment is affirmed.