Opinion
108696
10-04-2018
The PEOPLE of the State of New York, Appellant, v. Lynn E. HATCH, Respondent.
John A. Cirando, Syracuse, for appellant. William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), for respondent.
John A. Cirando, Syracuse, for appellant.
William G. Gabor, District Attorney, Wampsville (Elizabeth S. Healy of counsel), for respondent.
Before: McCarthy, J.P., Devine, Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Aarons, J.
Appeal from a judgment of the County Court of Madison County (O'Sullivan, J.), rendered August 1, 2016, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the second degree (two counts).
Defendant was indicted and charged with two counts of criminal sexual act in the second degree. The charges stemmed from two instances of inappropriate sexual contact—one in October 2015 and the other in December 2015—between defendant and a 19–year–old developmentally disabled man. Defendant ultimately pleaded guilty to the entire indictment with the understanding that there would be no sentencing commitment. County Court thereafter sentenced defendant to prison terms of 3½ years for each conviction followed by a period of postrelease supervision, the sentences to run consecutively. This appeal by defendant ensued.
We affirm. Defendant's challenge to the voluntariness and factual sufficiency of his guilty plea is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v. Muller, 159 A.D.3d 1232, 1232, 73 N.Y.S.3d 279 [2018] ; People v. Bailey, 158 A.D.3d 948, 948, 71 N.Y.S.3d 667 [2018] ; People v. Hankerson, 147 A.D.3d 1153, 1153, 46 N.Y.S.3d 438 [2017], lv denied 29 N.Y.3d 998, 57 N.Y.S.3d 719, 80 N.E.3d 412 [2017] ). Further, "inasmuch as defendant did not make any statements during the course of the plea colloquy that cast doubt upon his guilt or otherwise called into question the voluntariness of his plea, the narrow exception to the preservation requirement is inapplicable" ( People v. White, 156 A.D.3d 1249, 1250, 65 N.Y.S.3d 812 [2017], lv denied 31 N.Y.3d 988, 77 N.Y.S.3d 665, 102 N.E.3d 442 [2018] ; see 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] ; People v. Cruz, 104 A.D.3d 1022, 1023, 960 N.Y.S.2d 741 [2013] ). Finally, a review of the sentencing minutes confirms that County Court took into consideration the nature of the crime and other relevant sentencing factors, including defendant's prior criminal history and professed remorse, and we find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence imposed in the interest of justice (see People v. Tetreault, 131 A.D.3d 1327, 1328, 16 N.Y.S.3d 631 [2015] ; People v. Harden, 6 A.D.3d 987, 987–988, 775 N.Y.S.2d 603 [2004] ).
ORDERED that the judgment is affirmed.
McCarthy, J.P., Devine, Rumsey and Pritzker, JJ., concur.