| People v Long |
| 2018 NY Slip Op 06597 [165 AD3d 1323] |
| October 4, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Edward A. Long, Appellant. |
John A. Cirando, Syracuse, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), forrespondent.
Clark, J. Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.),rendered April 7, 2016, convicting defendant upon his plea of guilty of the crime of attemptedcriminal sale of a controlled substance in the third degree.
Defendant waived indictment and agreed to be prosecuted by a superior court informationcharging him with criminal sale of a controlled substance in the third degree. In satisfactionthereof, he pleaded guilty to attempted criminal sale of a controlled substance in the third degree.In accordance with the terms of the plea agreement, he was sentenced to one year in jail.Defendant now appeals.
Defendant's sole challenge is to the validity of his guilty plea, which he contends was notmade knowingly, voluntarily and intelligently. This claim, however, has not been preserved forour review, as the record does not disclose that defendant made an appropriate postallocutionmotion (see People v Tucker, 161AD3d 1481, 1482 [2018], lv denied 31 NY3d 1153 [2018]; People v Wood, 161 AD3d 1447,1449 [2018]; People v Rutigliano,159 AD3d 1280, 1280 [2018], lv denied 31 NY3d 1121 [2018]). "Moreover, thenarrow exception to the preservation rule is inapplicable as defendant did not make anystatements during the plea colloquy that cast doubt upon his guilt" (People v Pabon, 157 AD3d 1057,1057 [2018] [citation omitted], lv denied 31 NY3d 986 [2018]; see People v Jackson, 159 AD3d1276, 1276 [2018], lv denied 31 NY3d 1149 [2018]). Therefore, the judgment mustbe affirmed.
McCarthy, J.P., Lynch, Mulvey and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.