| People v Gray |
| 2018 NY Slip Op 04398 [162 AD3d 1248] |
| June 14, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Derrick Gray, Also Known as Supreme,Appellant. |
Michael P. Graven, Owego, for appellant, and appellant pro se.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), forrespondent.
Pritzker, J. Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.),rendered March 9, 2015, convicting defendant upon his plea of guilty of the crime of robbery inthe third degree.
Defendant pleaded guilty to a single-count indictment charging him with robbery in the thirddegree. He was sentenced as a second felony offender, in accordance with the plea agreement, toa prison term of 2 to 4 years. Defendant appeals.
Defendant's challenges to the sufficiency and voluntariness of the plea are unpreserved forour review in the absence of an appropriate postallocution motion (see People v Lopez,71 NY2d 662, 665-666 [1988]; People vBailey, 158 AD3d 948, 948 [2018]). Further, the narrow exception to the preservationrequirement is inapplicable as the record fails to reflect any statement during the plea colloquythat negated an element of the offense or otherwise called into question the voluntariness of theplea so as to trigger further inquiry by County Court (see People v Depugh, 158 AD3d 945, 945-946 [2018]). Contrary todefendant's contention, "it was not necessary for [him] to engage in a factual recitation of theelements of the crime and . . . his affirmative responses to the court's questions weresufficient to establish his guilt" (Peoplev Griffith, 136 AD3d 1114, 1115 [2016], lv denied 28 NY3d 1184 [2017]).
We find defendant's challenge to the severity of the sentence to be without merit. The [*2]agreed-upon sentence was not harsh or excessive inasmuch as itwas the statutory minimum prison term for a second felony offender convicted of a class Dfelony (see Penal Law § 70.06 [2], [3] [d]; People v Horton, 140 AD3d 1525,1525 [2016]). Defendant's remaining contentions raised in his pro se brief have been reviewedand are without merit.
Garry, P.J., McCarthy, Devine and Aarons, JJ., concur. Ordered that the judgment isaffirmed.