People v Carter

2018 NY Slip Op 01095 [158 AD3d 946]

February 15, 2018

Appellate Division, Third Department

As corrected through Wednesday, March 28, 2018

[*1]

The People of the State of New York, Respondent, v Kevin C.Carter, Appellant.

Norbert A. Higgins, Binghamton, for appellant.

Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), forrespondent.

Devine, J. Appeal from a judgment of the County Court of Broome County (Cawley, Jr., J.),rendered June 17, 2015, convicting defendant upon his plea of guilty of the crime of attemptedcriminal possession of a controlled substance in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to attempted criminalpossession of a controlled substance in the third degree. Defendant was sentenced to a prisonterm of 21/2 years to be followed by two years of postrelease supervision, and henow appeals.

Defendant's sole contention on appeal, that his plea was not knowing, voluntary andintelligent, is unpreserved given that he failed to make an appropriate postallocution motion (see People v Peque, 22 NY3d 168,182 [2013]; People v White, 139AD3d 1260, 1260 [2016]). The narrow exception to the preservation requirement isinapplicable here (see People vConley, 135 AD3d 1238, 1239 [2016]) and, contrary to defendant's contention,corrective action in the interest of justice is not warranted.

Egan Jr., J.P., Mulvey, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.