People v Lloyd (Eugene)

[*1] People v Lloyd (Eugene) 2009 NY Slip Op 52319(U) [25 Misc 3d 137(A)] Decided on November 13, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 13, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and LaCAVA, JJ
2004-1725 W CR.

The People of the State of New York, Respondent,

against

Eugene Lloyd, Appellant.

Appeal from a judgment of the City Court of Mount Vernon, Westchester County (Brenda Dowery, J.), rendered November 23, 2004. The judgment convicted defendant, upon his plea of guilty, of conspiracy in the fifth degree.

ORDERED that the judgment of conviction is affirmed.

Defendant was convicted, upon his plea of guilty, of conspiracy in the fifth degree (Penal Law § 105.05). His contention on appeal that his plea was not knowingly and voluntarily entered is unpreserved for appellate review because he failed to move to withdraw the plea prior to sentencing (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Lopez, 71 NY2d 662, 665-666 [1988]; People v Velez, 64 AD3d 799 [2009]). We note that the narrow exception to the preservation rule does not apply here since defendant's recitation of the facts underlying the crime pleaded did not cast doubt upon his guilt or otherwise call into question the voluntariness of the plea so as to have the court inquire further to ensure that defendant's plea was knowing and voluntary (see Lopez, 71 NY2d at 666). In any event, the record demonstrates that defendant's plea was entered knowingly and voluntarily (see People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Harris, 61 NY2d 9 [1983]). Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Molia and LaCava, JJ., concur.
Decision Date: November 13, 2009