| People v Neaton |
| 2018 NY Slip Op 07790 [166 AD3d 1230] |
| November 15, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Joseph C. Neaton, Appellant. |
Brian M. Quinn, Albany, for appellant.
Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), forrespondent.
Devine, J. Appeal from a judgment of the County Court of Saratoga County (MurphyIII, J.), rendered April 26, 2016, convicting defendant upon his plea of guilty of the crimeof driving while intoxicated.
Defendant was stopped by a police officer for erratic driving and then sped away, butwas eventually taken into custody following a foot chase. In satisfaction of a multicountindictment, defendant pleaded guilty to driving while intoxicated, as a felony, andwaived his right to appeal. He was sentenced, in accordance with the terms of the pleaagreement, to 2 to 6 years in prison. He now appeals.
Initially, defendant contends that his guilty plea was not knowingly, voluntarily andintelligently entered. Although not precluded by his waiver of the right to appeal, thisclaim has not been preserved for our review as the record does not disclose thatdefendant made an appropriate postallocution motion (see People v Edwards, 160AD3d 1280, 1281 [2018], lv denied 31 NY3d 1147 [2018]; People v Jackson, 159 AD3d1276, 1276 [2018], lv denied 31 NY3d 1149 [2018]). Moreover, the narrowexception to the preservation rule is inapplicable as defendant did not make anystatements that negated his guilt or cast doubt on the voluntariness of his plea (seePeople v Lopez, 71 NY2d 662, 666-667 [1988]; People v LaSanta, 158 AD3d 897, 897-898 [2018], lvdenied 31 NY3d 1083 [2018]). Defendant further asserts that he was deprived of theeffective assistance of counsel. To the extent that this claim impacts the voluntariness ofdefendant's guilty plea, it is also not precluded by his appeal waiver but, as with hischallenge to the guilty plea, has not been preserved for review due to the absence of anappropriate postallocution motion (see People v Edwards, 160 AD3d at 1281;People v Jackson, 159 AD3d at 1277).
McCarthy, J.P., Egan Jr., Clark and Aarons, JJ., concur. Ordered that the judgment isaffirmed.