| People v Anderson |
| 2019 NY Slip Op 01785 [170 AD3d 878] |
| March 13, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kyshia L. Anderson, Appellant. |
Janet E. Sabel, New York, NY (Jeffrey Dellheim of counsel) for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and William H. Branigan of counsel; Tatiana N. Galbrecht on the brief), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (DorothyChin-Brandt, J., at plea; Suzanne J. Melendez, J., at sentencing), rendered September 14, 2015,convicting her of criminal sale of a controlled substance in the fifth degree, upon her plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that her plea of guilty was not knowing, voluntary, and intelligentis unpreserved for appellate review, as the defendant did not move to withdraw her plea orotherwise raise this issue before the Supreme Court (see People v Lopez, 71 NY2d 662,665 [1988]; People v Jackson, 114AD3d 807 [2014]). Contrary to the defendant's contention, the "rare case" exception to thepreservation requirement does not apply because the defendant's allocution did not castsignificant doubt on her guilt, negate an essential element of the crime, or call into question thevoluntariness of her plea (People v Lopez, 71 NY2d at 666; see People v Fontanet, 126 AD3d723 [2015]). In any event, the record demonstrates that the defendant's plea was enteredknowingly, voluntarily, and intelligently (see People v Fiumefreddo, 82 NY2d 536, 543[1993]; People v Harris, 61 NY2d 9, 17 [1983]). Contrary to the defendant's contention,postplea statements attributed to the defendant in the presentence report and other statements atsentencing did not obligate the court to conduct a sua sponte inquiry into the basis for the plea(see People v Bailey, 158 AD3d948, 949 [2018]; People vSmith, 148 AD3d 939, 940 [2017]; People v Maldonado, 144 AD3d 706, 707 [2016]; People v Ellis, 142 AD3d 509, 510[2016]; People v Pastor, 136 AD3d493 [2016], affd 28 NY3d 1089 [2016]; People v Upson, 134 AD3d 1058 [2015]; People v Appling, 94 AD3d 1135,1136 [2012]). Leventhal, J.P., Austin, Duffy and Iannacci, JJ., concur.