| People v Negriel |
| 2020 NY Slip Op 01647 [181 AD3d 724] |
| March 11, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Israel Negriel, Appellant. |
Calhoun & Lawrence, LLP, White Plains, NY (Clinton W. Calhoun III ofcounsel), for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccioand Jordan K. Hummel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Susan Cacace, J.), rendered July 31, 2018, convicting him of rape in the third degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution isunpreserved for appellate review as he did not move to vacate his plea or otherwise raisethis issue before the Supreme Court (see CPL 470.05 [2]; People vLopez, 71 NY2d 662, 665 [1988]; People v Jackson, 114 AD3d 807 [2014]). Contrary to thedefendant's contention, the exception to the preservation requirement does not apply inthis case because the defendant's allocution did not cast significant doubt on his guilt,negate an essential element of the crime, or call into question the voluntariness of theplea (see People v Lopez, 71 NY2d at 666). In any event, the plea allocution wassufficient. "[A]n allocution based on a negotiated plea need not elicit from a defendantspecific admissions as to each element of the charged crime" (People v Goldstein, 12 NY3d295, 301 [2009]; see Peoplev Seeber, 4 NY3d 780, 781 [2005]). A plea allocution is sufficient if it "showsthat the defendant understood the charges and made an intelligent decision to enter aplea" (People v Goldstein, 12 NY3d at 301). Here, the record demonstrates thatthe defendant understood the charges and made an intelligent decision to accept theplea.
The defendant's contention that he was deprived of the effective assistance ofcounsel is without merit (seePeople v Caban, 5 NY3d 143, 152 [2005]; People v Baldi, 54 NY2d137, 147 [1981]). Rivera, J.P., Maltese, Connolly and Brathwaite Nelson, JJ.,concur.