Opinion
02-09-2017
The PEOPLE of the State of New York, Respondent, v. Tyree I. HANKERSON, Appellant.
Torrance L. Schmitz, Vestal, for appellant. Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), for respondent.
Torrance L. Schmitz, Vestal, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), for respondent.
Before: GARRY, J.P., ROSE, DEVINE, CLARK and MULVEY, JJ.
GARRY, J.P.
Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered December 19, 2013, convicting defendant upon his plea of guilty of the crime of rape in the third degree.
Defendant waived indictment and pleaded guilty to rape in the third degree as charged in a superior court information. County Court thereafter sentenced him to 10 years of probation. Defendant appeals.
Defendant's challenge to the voluntariness and factual sufficiency of his plea is unpreserved for our review in the absence of an appropriate postallocution motion (see People v. Williams, 27 N.Y.3d 212, 219–220, 32 N.Y.S.3d 17, 51 N.E.3d 528 [2016] ; People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; People v. Larock, 139 A.D.3d 1241, 1242, 31 N.Y.S.3d 665 [2016], lv. denied 28 N.Y.3d 932, 40 N.Y.S.3d 360, 63 N.E.3d 80 [2016] ). Moreover, defendant did not make any statements during the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea so as to trigger the narrow exception to the preservation rule (see People v. Forest, 141 A.D.3d 967, 968–969, 36 N.Y.S.3d 296 [2016] ; People v. Mann, 140 A.D.3d 1532, 1533, 33 N.Y.S.3d 779 [2016] ). To the extent that defendant claims that he was denied the effective assistance of counsel, the claim implicates the voluntariness of the plea and is likewise unpreserved for our review for the reasons noted above (see People v. Lloyd, 142 A.D.3d 1250, 1251, 37 N.Y.S.3d 917 [2016], lv. denied 28 N.Y.3d 1073, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ; People v. Dobbs, 138 A.D.3d 1352, 1353, 28 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 929, 40 N.Y.S.3d 357, 63 N.E.3d 77 [2016] ).
ORDERED that the judgment is affirmed.
ROSE, DEVINE, CLARK and MULVEY, JJ., concur.