Opinion
109482
10-03-2019
The PEOPLE of the State of New York, Respondent, v. Richard A. ASHBY Jr., Appellant.
Tracy E. Steeves, Kingston, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Tracy E. Steeves, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDER
Mulvey, J. Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with attempted sexual abuse in the first degree. In satisfaction thereof, as well as an outstanding probation violation, he pleaded guilty to this crime and waived his right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, he was sentenced to four years in prison, followed by 10 years of postrelease supervision. Defendant appeals.
Initially, defendant's challenge to the severity of the sentence is precluded by his uncontested waiver of the right to appeal (see People v. Mones , 168 A.D.3d 1288, 1289, 90 N.Y.S.3d 572 [2019] ; People v. Ballard , 167 A.D.3d 1082, 1083, 86 N.Y.S.3d 926 [2018] ). Moreover, although defendant's claim that his guilty plea was not knowing, voluntary or intelligent is not foreclosed by his appeal waiver, it has not been preserved for our review as the record does not disclose that defendant made an appropriate postallocution motion (see People v. Weis , 171 A.D.3d 1403, 1404, 97 N.Y.S.3d 537 [2019] ; People v. Vanalst , 171 A.D.3d 1349, 1350, 96 N.Y.S.3d 767 [2019], lv denied 33 N.Y.3d 1109, 106 N.Y.S.3d 659, 130 N.E.3d 1269 [2019] ). Furthermore, the narrow exception to the preservation rule is inapplicable (see People v. Weis , 171 A.D.3d at 1404, 97 N.Y.S.3d 537 ; People v. Vanalst , 171 A.D.3d at 1350, 96 N.Y.S.3d 767 ).
Garry, P.J., Clark and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.