People v Daley (John)

[*1] People v Daley (John) 2009 NY Slip Op 51168(U) [23 Misc 3d 147(A)] Decided on June 10, 2009 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570008/07.

The People of the State of New York, Respondent,

against

John Daley, Jr., Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Larry R.C. Stephen, J.), rendered January 8, 2007, convicting him, upon a plea of guilty, of theft of services, and imposing sentence.

Per Curiam.

Judgment of conviction (Larry R.C. Stephen, J.), rendered January 8, 2007, 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, 7l 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. A plea of guilty will be sustained in the absence of a factual allocution where, as here, there is no indication that the guilty plea assented to by the defendant in the presence of counsel was improvident or baseless (see People v Winbush, 199 AD2d 447, 448 [1993]; People v Moore, 91 AD2d 1050 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 10, 2009