| People v Young |
| 2018 NY Slip Op 01102 [158 AD3d 955] |
| February 15, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Brendan C. Young, Appellant. |
Brian M. Quinn, Albany, for appellant.
Karen Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), forrespondent.
Lynch, J. Appeal from a judgment of the County Court of Saratoga County (Murphy III, J.),rendered January 13, 2016, convicting defendant upon his plea of guilty of the crime ofstrangulation in the second degree.
Defendant pleaded guilty to strangulation in the second degree and waived the right toappeal. County Court thereafter sentenced him, as a second violent felony offender, to five yearsin prison to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Defendant's claim of ineffective assistance of counsel with respect to his plea andthat his plea was not knowing, intelligent and voluntary survive his unchallenged appeal waiverbut are unpreserved for our review inasmuch as the record does not reflect that he made anappropriate postallocution motion (seePeople v Rayburn, 150 AD3d 1553, 1554 [2017]; People v Bonds, 148 AD3d 1304, 1305 [2017], lv denied 29NY3d 1076 [2017]; People vHankerson, 147 AD3d 1153, 1153 [2017], lv denied 29 NY3d 998 [2017]).Moreover, the narrow exception to the preservation rule is inapplicable. Although defendantmade statements during the colloquy and in the course of the presentence investigation thatrefuted an element of the crime, County Court satisfied its duty to inquire further and ensuredboth during the colloquy and at sentencing that the elements of the crime were established andthat defendant was pleading guilty knowingly, intelligently and voluntarily (see People vLopez, 71 NY2d 662, 666 [1988]; People v Graves, 113 AD3d 998, 999 [2014], lv denied 23NY3d 1037 [2014]).
[*2] Garry, P.J., McCarthy, EganJr. and Pritzker, JJ., concur. Ordered that the judgment is affirmed.