Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Manuela MORGADO, appellant.
Richard L. Herzfeld, New York, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Hae Jin Liu and Laurie G. Sapakoff of counsel), for respondent.
Richard L. Herzfeld, New York, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Hae Jin Liu and Laurie G. Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered December 5, 2014, convicting her of murder in the second degree, upon her plea of guilty, and imposing sentence.ORDERED that the judgment is affirmed.
The defendant's contention that her plea of guilty was not knowingly or voluntarily entered is unpreserved for appellate review because she did not move to vacate her plea or otherwise raise this issue before the Supreme Court (see CPL 470.05[2] ; People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704 ; People v. Folger, 110 A.D.3d 736, 971 N.Y.S.2d 890 ; People v. Smith, 43 A.D.3d 474, 475, 842 N.Y.S.2d 454 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here because the plea allocution did not cast significant doubt on the defendant's guilt, negate an essential element of the crime, or call into question the voluntariness of her plea (see People v. Davis, 24 N.Y.3d 1012, 1013, 997 N.Y.S.2d 115, 21 N.E.3d 568 ; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the record establishes that the defendant's plea was knowingly, voluntarily, and intelligently entered (see People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Anlyan, 142 A.D.3d 670, 671, 36 N.Y.S.3d 829 ).
DILLON, J.P., HALL, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.