People v Moultrie (Stanley)

[*1] People v Moultrie (Stanley) 2010 NY Slip Op 51973(U) [29 Misc 3d 135(A)] Decided on November 15, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 15, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570357/09.

The People of the State of New York, Respondent,

against

Stanley Moultrie, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin McGrath, J.), rendered December 27, 2008, convicting him, upon a plea of guilty, of operating a motor vehicle while intoxicated, and imposing sentence.

Per Curiam.

Judgment of conviction (Kevin McGrath, J.), rendered December 27, 2008, affirmed.

Defendant's present challenge to the adequacy of his plea allocution, which does not come within the narrow exception to the preservation requirement, is unpreserved for appellate review since he failed to move to withdraw his guilty plea or seek to vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1988]), 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]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: November 15, 2010