Opinion
2014-06-25
The PEOPLE, etc., respondent, v. Wani TURNER, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered October 22, 2012, convicting him of failing to register or verify under the Sex Offender Registration Act (Correction Law art. 6–C) in violation of Correction Law § 168–f(4) and offering a false instrument for filing in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because he did not allocute to each and every element of the crimes of which he was convicted is unpreserved for appellate review ( see People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803;cf. People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5). In any event, the facts to which the defendant allocuted did indeed constitute the crimes of failing to register or verify under the Sex Offender Registration Act (Correction Law art. 6–C) in violation of Correction Law § 168–f(4) and offering a false instrument for filing in the first degree, including the intent element of the latter ( seePenal Law § 175.35; Correction Law § 168–f[4] ); see also People v. Niver, 41 A.D.3d 961, 963–964, 839 N.Y.S.2d 252;see generally People v. Taylor, 82 A.D.3d 1016, 1017, 919 N.Y.S.2d 62). SKELOS, J.P., LEVENTHAL, COHEN, LaSALLE and BARROS, JJ., concur.