People v Andino

People v Andino 2009 NY Slip Op 07199 [66 AD3d 436] October 8, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Pablo Andino, Also Known as Edward Vasquez, Appellant.

—[*1] Alireza Dilmaghani, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (John B.F. Martin of counsel), for respondent.

Judgments, Supreme Court, New York County (Gregory Carro, J.), rendered December 14, 2005, convicting defendant, upon his pleas of guilty, of criminal possession of stolen property in the third degree, perjury in the second degree, nonsupport of a child in the second degree, insurance fraud in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree, and sentencing him to an aggregate term of 3 to 7 years, unanimously affirmed.

Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 [1988]), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The record establishes that defendant's plea was knowing, intelligent and voluntary, and there was nothing in the plea allocution that cast significant doubt on his guilt (see People v Toxey, 86 NY2d 725 [1995]).

To the extent defendant is arguing that his sentence is excessive, we reject that claim. Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and Abdus-Salaam, JJ.