Opinion
107800
02-15-2018
The PEOPLE of the State of New York, Respondent, v. Kevin C. CARTER, Appellant.
Norbert A. Higgins, Binghamton, for appellant. Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Norbert A. Higgins, Binghamton, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Mulvey, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Devine, J.
Appeal from a judgment of the County Court of Broome County (Cawley, Jr., J.), rendered June 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to attempted criminal possession of a controlled substance in the third degree. Defendant was sentenced to a prison term of 2½ years to be followed by two years of postrelease supervision, and he now appeals.
Defendant's sole contention on appeal, that his plea was not knowing, voluntary and intelligent, is unpreserved given that he failed to make an appropriate postallocution motion (see People v. Peque, 22 NY3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013] ; People v. White, 139 A.D.3d 1260, 1260, 31 N.Y.S.3d 669 [2016] ). The narrow exception to the preservation requirement is inapplicable here (see People v. Conley, 135 A.D.3d 1238, 1239, 23 N.Y.S.3d 724 [2016] ) and, contrary to defendant's contention, corrective action in the interest of justice is not warranted.
ORDERED that the judgment is affirmed.
Egan Jr., J.P., Mulvey, Aarons and Rumsey, JJ., concur.