People v Rivera

People v Rivera 2006 NY Slip Op 10121 [35 AD3d 304] December 28, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Isabel Rivera, Appellant.

—[*1]Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered April 2, 2003, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, and sentencing her to a conditional discharge for a period of three years and restitution in the amount of $8,360, unanimously affirmed.

Since defendant did not move to withdraw her plea prior to sentencing, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 [1988]), her challenge to the validity of her plea is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant's plea was knowing, intelligent and voluntary and that there was nothing in the plea allocution that cast significant doubt on her guilt (see People v Toxey, 86 NY2d 725 [1995]). Defendant's larcenous intent could be readily inferred from her factual recitations (see People v McGowen, 42 NY2d 905 [1977]). We note that since defendant was denied leave to appeal to this Court from the denial of her CPL 440.10 motion to vacate judgment, that order is not before this Court (CPL 450.15 [1]; 460.15). Concur—Buckley, P.J., Andrias, Saxe, Gonzalez and McGuire, JJ.