Opinion
108841
11-15-2018
The PEOPLE of the State of New York, Respondent, v. Joseph C. NEATON, Appellant.
Brian M. Quinn, Albany, for appellant. Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.
Brian M. Quinn, Albany, for appellant.
Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.
Before: McCarthy, J.P., Egan Jr., Devine, Clark and Aarons, JJ.
MEMORANDUM AND ORDER
Devine, J.
Defendant was stopped by a police officer for erratic driving and then sped away, but was eventually taken into custody following a foot chase. In satisfaction of a multicount indictment, defendant pleaded guilty to driving while intoxicated, as a felony, and waived his right to appeal. He was sentenced, in accordance with the terms of the plea agreement, to 2 to 6 years in prison. He now appeals.
Initially, defendant contends that his guilty plea was not knowingly, voluntarily and intelligently entered. Although not precluded by his waiver of the right to appeal, this claim has not been preserved for our review as the record does not disclose that defendant made an appropriate postallocution motion (see People v. Edwards , 160 A.D.3d 1280, 1281, 75 N.Y.S.3d 663 [2018], lv denied 31 N.Y.3d 1147, 83 N.Y.S.3d 428, 108 N.E.3d 502 [2018] ; People v. Jackson , 159 A.D.3d 1276, 1276, 73 N.Y.S.3d 676 [2018], lv denied 31 N.Y.3d 1149, 83 N.Y.S.3d 431, 108 N.E.3d 505 [2018] ). Moreover, the narrow exception to the preservation rule is inapplicable as defendant did not make any statements that negated his guilt or cast doubt on the voluntariness of his plea (see People v. Lopez , 71 N.Y.2d 662, 666–667, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; People v. LaSanta , 158 A.D.3d 897, 897–898, 67 N.Y.S.3d 864 [2018], lv denied 31 N.Y.3d 1083, 79 N.Y.S.3d 105, 103 N.E.3d 1252 [2018] ). Defendant further asserts that he was deprived of the effective assistance of counsel. To the extent that this claim impacts the voluntariness of defendant's guilty plea, it is also not precluded by his appeal waiver but, as with his challenge to the guilty plea, has not been preserved for review due to the absence of an appropriate postallocution motion (see People v. Edwards , 160 A.D.3d at 1281, 75 N.Y.S.3d 663 ; People v. Jackson , 159 A.D.3d at 1277, 73 N.Y.S.3d 676 ).
McCarthy, J.P., Egan Jr., Clark and Aarons, JJ., concur.
ORDERED that the judgment is affirmed.